Velthepu Srinivas & Ors. vs. State of Andhra Pradesh (Now State of Telangana) & Anr. (SC)

Penal Code, 1860–Secs. 304 Pt. II/34–Applicability of provisions of Sec. 34–Scope–There is nothing to attribute A-3 with the intent of murder of deceased–Courts below have drawn the inference against him on the basis of his presence near the scene of the offence and his familial relations with the other accused–He never took the axe in his hand–He only used a stone to assault the deceased–Some of the witnesses said that he merely threatened in case they seek to intervene and prevent the assault–Evidence is insufficient to deduce a conclusion that he shared the common intention with the other accused to commit the murder of the deceased–He is entitled to be acquitted.