In Brief
A brother of a murder victim challenged the High Court's acquittal of one of the accused under Sections 302/34 IPC. The trial court had convicted all four accused for their alleged common intention to kill. The High Court acquitted the respondent, finding insufficient overt act or weapon possession to establish common intention. The Supreme Court held that common intention is inferred from cumulative conduct and circumstances (motive, planning, collective movement, exhortation at close quarters, providing cover, immediate escape), and that overt act or weapon possession are not necessary ingredients. The Court allowed the appeal and restored the conviction, emphasizing that the High Court erred by applying an overly restrictive formula and speculative reasoning.
The lawyer headnote and full judgment text are available to registered users.