In Brief
On 28 July 1994, a group of seven armed men attacked and killed Jaibir, an under-construction house resident, following an altercation involving one of his friends. Charged with murder under sections 148, 302, 307, 325 read with 149 IPC, all were convicted and sentenced to life imprisonment. On appeal, the accused challenged the conviction, arguing that Section 141 was not invoked and questioning witness identification. The Supreme Court upheld the conviction, holding that vicarious liability under Section 149 applies even without explicit Section 141 charges, provided an unlawful assembly with common object is proved. The common intent to kill, collective armed attack, and injured eyewitness testimony established guilt. Minor discrepancies are natural in sudden multi-person attacks. The sentence of life imprisonment was upheld."
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