In Brief
The appellant was convicted along with two others for murder under Section 302 read with Section 34 IPC (common intention), and for simple and grievous hurt. The Supreme Court found that while the principal offenders (armed with a stick and sickle) committed the fatal assault, the appellant was neither armed nor specifically attributed with assaulting the deceased. The Court held that mere presence without clear evidence of shared common intention is insufficient for murder conviction. It acquitted the appellant of murder but upheld conviction under Section 323 IPC (simple hurt), holding that benefit of doubt requires acquittal from more serious charges. The appeal was partly allowed.
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