RAGHVENDRA SINGH KAURAV Vs. STATE OF M.P.

JUDGEMENT

(1.) Leave granted.

(2.) The short point for consideration in these appeals is as to whether the rigour of Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as, 'the IPC') would get attracted by applying the principle of vicarious liability on the appellant so as to convict him under Sec. 307 of the IPC.

(3.) The case of the prosecution in nutshell is that two accused made an attempt to shoot the complainant and the appellant being the co-accused instigated the others to kill the complainant. As rightly pointed out by learned counsel appearing for the appellant, on a reading of the evidence of the three eye- witnesses namely PW1 to PW3, there is no clear material to attract Sec. 34 of the IPC insofar as the common intention qua the appellant is concerned. The evidence read by learned counsel appearing for the appellant would give the impression that after the shots were fired, the appellant who came to the place of the occurrence said 'shoot and kill them".