to commit the crime. Mere presence of the accused at the scene of occurrence is not sufficient. In the present case, after the acquittal of the other accused with a finding that there was nothing in the FIR or statement under section 161 to sustain the charge under section 34 IPC, the appellant remains the sole accused and there could be no charge under section 34 against him. Therefore, we are of the opinion that the conviction of the appellant under section 34 IPC by the Sessions Court as confirmed by the High Court is unsustainable. 18. For the reasons stated above, the concurrent finding recorded by the Sessions Court as affirmed by the High Court that the appellant was found guilty of the offence under section 302 IPC is confirmed. However, the appellant is acquitted of the charge under section 34 IPC and the judgments of the Courts below, insofar as convicting him for the same, are set aside. 19. As far as the sentence is concerned, considering the gravity and nature of the