Surjit Singh vs State Of Punjab

The Supreme Court upheld the conviction of Sabbir under Section 302 IPC for the murder of Ali Hassan, affirming the High Court's decision which had set aside the acquittal of Kabir and Naim by the trial court. The Court found that the evidence, including eyewitness testimonies and the post-mortem report, established Sabbir's direct involvement in the murder while the other two accused did not participate in the actual assault. The Court emphasized that mere presence at the scene does not equate to participation in the crime under Section 34 IPC, leading to the conclusion that the acquittal of Kabir and Naim was erroneous.