In Brief
The appellant, originally accused No. 3, was tried for murder and other offences under IPC Sections 302, 323, and 324 with Section 34 (common intention). The trial court convicted all three accused, and the High Court upheld the conviction. On appeal to the Supreme Court, the Court held that mere presence with principal offenders does not establish vicarious liability under Section 34 without specific overt acts. The eyewitness testimony attributed no specific act to the appellant concerning the victim's assault. The Court acquitted the appellant of murder (Section 302) and Section 324 charges, but affirmed conviction under Section 323, granting him the benefit of doubt on the more serious charges."
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