LAW FOR ALL

Sec.302 r/w 34 & 120 (B) of I.P.C.- mere presence of Accused No.3 present out side of the house - no offence made out- trial court and High court convicted - Apex court held that There is no evidence of his having played any part in the crime. He was merely seen by the witness as standing outside the house when the witness came home. Mahesh did not even act as a guard; he did not prevent Anil Kumar (PW-21) from entering the house. There is no evidence of the formation or sharing of any common intention with the other accused.There is no reference to a third person in the FIR; no evidence that he came with the other accused or left with them. No weapon was seized from him, nor was any property connected with the crime, seized. Having regard to the role attributed to him and the absence of incriminating factors we find that it is not safe to convict Mahesh of the offence of murder with the aid of Sections 34 and 120(B). We therefore, hold that the accused Mahesh (accused no. 3) in Criminal Appeal No. 867 of 2013 is innocent and the conviction against him is set aside.= CRIMINAL APPEAL No. 822 OF 2012 RAJU @ DEVENDRA CHOUBEY …. APPELLANT VERSUS STATE OF CHHATISGARH …. RESPONDENT = 2014 - Aug.Part - http://judis.nic.in/supremecourt/filename=41835