In Brief
Tapan Sarkar and two co-accused were convicted of murdering a 2½-month-old infant child whose body was recovered from a well. The Supreme Court allowed their appeal against the High Court's confirmation of conviction. Finding no eye-witness evidence and relying on circumstantial evidence (strained family relations, evasive replies, and the accused's presence), the trial court had invoked Section 34 IPC (common intention). The Supreme Court held that mere circumstantial evidence without specific proof of any overt act by any particular accused is insufficient to establish the common intention required under Section 34 IPC. The non-examination of key witnesses further created reasonable doubt. The Court acquitted all three accused.",
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