New Delhi, June 20 :
In a significant ruling, the Delhi High Court has held that merely uttering the words “Maro Saale Ko” cannot, by itself, be treated as sufficient evidence to establish a common intention to commit murder under Section 34 of the Indian Penal Code (IPC).
A Division Bench comprising Justice Navin Chawla and Justice Ravinder Dudeja acquitted Mukesh Kumar in a murder case dating back to 1983, observing that the expression “maro” does not necessarily mean “kill” and may also be interpreted as “beat” or “assault” depending on the circumstances.
The Court noted that the prosecution had failed to establish beyond reasonable doubt that Mukesh Kumar shared a common intention with the co-accused to commit murder. It further observed that there was no evidence showing that he was carrying any weapon, had prior knowledge about the knives allegedly used in the crime, or was part of any premeditated plan to kill the deceased.
While examining the case, the Bench emphasized that criminal liability under Section 34 IPC requires clear proof of a shared intention and active participation in the commission of the offence. Mere presence at the scene or the use of an ambiguous phrase, without supporting evidence, cannot automatically attract liability for murder.
Granting the benefit of doubt to the appellant, the High Court set aside Mukesh Kumar’s conviction and life sentence. The Court also took note of the extraordinary delay in the judicial process, observing that the appeal had remained pending for nearly 22 years before being finally adjudicated.
The judgment underscores the principle that guilt in criminal cases must be established through cogent and convincing evidence, and that courts cannot presume a murderous intent solely on the basis of a verbal exhortation unless supported by surrounding circumstances and material evidence.
The ruling is being viewed as an important reaffirmation of the legal requirement that common intention under Section 34 IPC must be proved beyond reasonable doubt and cannot rest on assumptions or isolated statements alone.(KNC)