In Brief
Sonu was convicted of armed dacoity and murder alongside four others, with two co-accused receiving the death sentence and others life imprisonment. The High Court commuted his death sentence to life imprisonment. On appeal, the Supreme Court acquitted Sonu, finding serious flaws in the prosecution's case. The only direct evidence linking him to the crime was a mobile phone allegedly recovered from his possession, but the phone's SIM number did not match the victim's phone as described by witnesses. Additionally, the identification procedure violated proper protocol, and witness PW5's crucial evidence of a pre-crime conspiracy conversation was unreliable. Applying principles of vicarious criminal liability under Section 34 IPC, the Court held that common intention must be clearly established through compelling evidence; mere recovery of stolen property, particularly when questionable, cannot sustain conviction for murder.
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