In Brief
Three appellants were convicted of murder under Section 302/34 IPC for the deaths of Abdul Motin and Abdul Barek in August 2005. Two co-accused were acquitted on benefit of doubt. The appellants contended that without actively participating in the assault, they could not be convicted, and that co-accused acquittals entitled them to similar benefit. The Court held that common intention can be inferred from facts and circumstances without direct evidence. A person who facilitates the crime by stopping victims, even passively, shares the common intention and bears vicarious responsibility. Physical presence at the crime for facilitation suffices for conviction. The Court upheld the conviction, finding consistent eye-witness testimony of the appellants' roles and that common intention was clearly established.
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