In Brief
Two appellants were convicted of murdering a father and son (Assainar and Abdul Rahiman) during a mosque dispute over removal of a religious official. The trial court found them guilty under Section 302 read with Section 149 IPC (unlawful assembly). The High Court upheld the conviction but altered the legal basis to Section 302 read with Section 34 IPC (common intention). The Supreme Court dismissed the appeals, holding that Section 34 applies: the appellants shared common intention with the principal accused to cause fatal injuries through stabbing. The Court clarified that conviction under Section 302 read with Section 34 IPC does not require injury by each accused on vital body parts, only proof of common intention and overt acts in furtherance thereof.
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