KRISHNA GOVIND PATIL vs STATE OF MAHARASHTRA

The Supreme Court held that for a conviction under Section 302 IPC read with Section 34 IPC, there must be a definite conclusion of prior concert among the accused. The Court found that the acquittal of three co-accused implied they did not act conjointly with the appellant, thus negating the basis for convicting the appellant. Consequently, the Court set aside the conviction of the appellant, emphasizing that the prosecution failed to establish the requisite common intention.