In Brief
The Court examined whether four appellants were rightly convicted for the fatal assault on Parasram Yadav, a Deputy Sarpanch, by an unlawful assembly of 25-30 persons. Although named by some court witnesses, they were absent from the FIR lodged by the informant and not identified by the widow. The child witness who might have identified them was hidden by his mother during the assault. Finding no specific overt acts attributed to the appellants and inconsistencies between the FIR and court testimony, the Court held that membership in the unlawful assembly was not established beyond reasonable doubt and acquitted all appellants of the charges."
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