NAIM vs STATE OF UTTARAKHAND

The Supreme Court upheld the conviction of Sabbir under Section 302 IPC for the murder of Ali Hassan, affirming the trial court's finding that Sabbir inflicted the fatal blow. However, the Court set aside the acquittal of Naim and Kabir, ruling that their presence and exhortation constituted participation in the crime under Section 34 IPC. The Court clarified that mere presence at the scene with intent to kill suffices for liability under Section 34, leading to the conviction of all three accused.