In Brief
On 8 January 1984, in Madhya Pradesh, deceased Ram Autar was killed by gunshot in his courtyard. Appellants Rameshwar and Balaram, along with others, attacked him. While evidence contradicted whether Rameshwar or Balaram fired the fatal shot, the trial court and High Court convicted both under Section 302 IPC read with Section 34 IPC (common intention). The Supreme Court upheld the conviction, holding that even assuming Rameshwar fired the shot, Balaram's presence, armed with a rifle, combined with consistent eyewitness testimony, established his shared common intention. The conviction was affirmed; Appellant 1 had died during appeal (abated); Appellant 2 was ordered to surrender.
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