The Supreme Court recently, while affirming the life imprisonment of three accused/appellants for murder, modified the sentence of another accused (A3) to culpable homicide and sentenced him to ten years.
The Division Bench of Justices BR Gavai and PS Narasimha opined that the Trial and the High Court convicted A3 based on Section 34 (common intention) of the Indian Penal Code, 1860. He was present near the scene of offence and had familial relations with the other accused. However, the Court noted that there is neither oral nor documentary evidence to attribute A-3 with the intent to murder. Thus, the Court opined that the inference was drawn mechanically under Section 34 merely based on his presence near the scene of offence and his familial relations with the other accused.