In Brief
Two men were convicted of murder under IPC Sections 302 and 34 for killing a student in his shed near a tube-well. Eyewitnesses testified they saw all four accused emerging from the shed carrying weapons (pistols, ballam, and lathi) after hearing gunshots. The High Court upheld their conviction. The appellants argued there was no common intention and that they (carrying blunt weapons) could not be liable for a gunshot death. Held: Section 34 IPC provides for joint liability when common intention is proved through circumstances (weapons, simultaneous presence, coordinated action). Related eyewitnesses are credible natural witnesses. One appellant was found to be a juvenile and released from custody.
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