Mere presence as an alleged driver does not establish participation in murder

The appellant was alleged to have driven the vehicle used by assailants. The evidence did not establish a direct act by him in the crime. The key witness principally described him as the driver. The Court assessed the role attributed to this appellant separately. The other accused were alleged to have carried out the shootings. The evidence against those accused was not automatically evidence against him. The prosecution had to establish the appellant’s own involvement. The Court found the incriminating circumstances insufficient. Jaswinder Singh @ Shinder Singh v. State of Punjab | 2026 INSC 23