In Brief
Three accused were convicted of murder under Section 302/34 IPC by the High Court, while eight co-accused were acquitted. The Supreme Court held that where eight co-accused are acquitted on a charge framed under Section 149 IPC (unlawful assembly), the charge under Section 149 collapses for remaining accused numbering fewer than five. Although the appellate court has jurisdiction to alter charges, the absence of evidence of common intention makes conviction under Section 302/34 IPC legally unsustainable. Since the appellants' individual acts caused only simple injuries and fatal injuries were inflicted by acquitted or deceased co-accused, the Court converted their conviction to Section 324 IPC, reducing sentence to time already served (seven years) plus a fine of Rs. 10,000/- each.
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