HETHUBHA ALIAS JITHUBA MADHUBA & ORS. vs THE STATE OF GUJARAT

The Supreme Court upheld the convictions of the appellants under Section 302 and Section 34 IPC, affirming that a third judge can address the entire case when there is a difference of opinion among two judges as per Section 429 of the Code of Criminal Procedure, 1898. The Court ruled that the common intention among the accused was established despite the mistaken identity of the victim, emphasizing that participation in a pre-arranged plan suffices for liability under Section 34 IPC. The appeal was dismissed, and the life sentences were confirmed.