In Brief
Subed Ali and others appealed their conviction for murder under Section 302 IPC read with Section 34 IPC. The appellants challenged the finding that they shared a common intention to kill the deceased. The Supreme Court upheld the conviction, holding that a person can be convicted under Section 34 (common intention) without actively participating in the physical assault, if the mental element and intention are established. The Court found that the appellants' presence at the place of occurrence, their manner of conduct, and the circumstances indicated a pre-arranged plan and common intention to commit the murder. The appeal was dismissed.
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