Eyewitness evidence and common intention: murder conviction upheld for one accused, but Section 34 liability failed for another.

Reliable eyewitness testimony, when materially corroborated by site circumstances and recoveries, can sustain a murder conviction notwithstanding a defence challenge based on firing distance or weapon identification; the medical evidence was treated as consistent with a shot from a higher position, and the conviction of Mohan Singh was upheld. Liability under Section 34 IPC requires proof of a shared common intention to kill beyond reasonable doubt; where Kailash Singh was shown only to have made a general exhortation without firearm use or active participation, joint liability was not established and his conviction was set aside.

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Issues: (i) whether the conviction of Mohan Singh for murder was sustainable in the face of the medical evidence and the defence challenge to the firing distance and identification of the weapon, and (ii) whether Kailash Singh shared the common intention to commit the murder so as to attract liability under Section 34 of the Indian Penal Code, 1860.

Issue (i): whether the conviction of Mohan Singh for murder was sustainable in the face of the medical evidence and the defence challenge to the firing distance and identification of the weapon

Analysis: The prosecution evidence of two eyewitnesses was found reliable and materially corroborated by the site circumstances and recoveries. The medical evidence was read as consistent with a shot fired from a higher position, since the wound features included oval shape and the direction of pellets. The presence of blackening around the wound was held not ative by itself, because it could arise from factors other than a very close-range shot and did not displace the direct testimony.

Conclusion: The conviction of Mohan Singh was upheld and his challenge failed.

Issue (ii): whether Kailash Singh shared the common intention to commit the murder so as to attract liability under Section 34 of the Indian Penal Code, 1860

Analysis: Kailash Singh was not attributed any firearm use or active participation beyond a general exhortation. On the evidence, the Court held that the common intention to kill had not been proved beyond reasonable doubt as against him, and that the words attributed to him, without more, were insufficient to fasten joint liability.

Conclusion: Kailash Singh was given the benefit of doubt and his conviction was set aside.

Final Conclusion: The appeal succeeded only to the extent of Kailash Singh, while the conviction and sentence of Mohan Singh were maintained.

Ratio Decidendi: Reliable eyewitness testimony, if materially corroborated, may prevail over a limited inconsistency in medical evidence, and liability under Section 34 requires proof of a shared common intention beyond reasonable doubt.

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