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Delhi High Court Acquits Convict for Lack of Common Intention in Murder Case — “Mere Presence at the Scene, Absent Overt Acts or Shared Motive, Cannot Ground Criminal Liability Under Section 34 IPC”

Delhi High Court Acquits Convict for Lack of Common Intention in Murder Case — “Mere Presence at the Scene, Absent Overt Acts or Shared Motive, Cannot Ground Criminal Liability Under Section 34 IPC”

Delhi High Court Acquits Convict for Lack of Common Intention in Murder Case — “Mere Presence at the Scene, Absent Overt Acts or Shared Motive, Cannot Ground Criminal Liability Under Section 34 IPC”

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Court’s Decision:

The Delhi High Court partly allowed CRL.A. 434/2024 filed by the convict (A-4/Choti) and dismissed CRL.A. 720/2024 filed by the complainant (father of the deceased). The Court acquitted Anil Kumar Vats (A-4/Choti), who had been convicted under Section 302 read with 34 IPC, on the ground that the evidence failed to establish a common intention to commit murder. Simultaneously, the Court upheld the acquittal of co-accused A-1 (Ravi), A-2 (Rinku), and A-3 (Rocky) while finding no merit in the complainant’s appeal.

“There is no evidence of their being a common agreement, concert or league as amongst the A-4/Choti and the remaining three accused persons…”


Facts:


Issues:

  1. Whether the Trial Court erred in convicting A-4 under Section 302/34 IPC?
  2. Whether the acquittal of A-1, A-2, and A-3 was justified or should be reversed on appeal by the complainant?
  3. Whether the evidence, including CCTV footage and eyewitness testimony, proved a criminal conspiracy or common intention?

Petitioner’s Arguments (A-4’s Appeal):


Respondent’s Arguments (Complainant’s Appeal):


Analysis of the Law:


Precedent Analysis:


Court’s Reasoning:


Conclusion:

“It clearly appears that there was no overt or covert act on the part of A-1, A-2 and A-3… the CCTV footage shows they were not even very close to A-4 and A-5 and the victim when the fire incident took place.”


Implications:

Also Read – Supreme Court Remands Village Recognition Matter to Nagaland State — “NOC from Parent Village Must Be Considered Before Formal Recognition”

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