When a part of the evidence produced by the prosecution to bring the accused within the fold of S. 34 is disbelieved, held, the remaining part must be examined with adequate care and caution. .Both the appellants have been charged only based upon the rule of evidence available under Section 34 of the IPC. Section 34 does not constitute an offence by itself, but creates a constructive liability. The foundational facts will have to be proved by the prosecution. Not only the occurrence, but the common intention, has to be proved beyond reasonable doubt. The same has not been established, held they stand acquitted.
[Shishpal v. State (NCT of Delhi), (2022) 9 SCC 782]
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