In Brief
On 25 December 1980, Siyaram was shot and killed by an armed group. The appellant Ramvir and five co-accused were prosecuted. The trial court convicted only Ramvir under Section 302 IPC (murder) but acquitted him of Section 148/149 (unlawful assembly) and acquitted all five co-accused entirely. The High Court upheld the Section 302 conviction and added convictions under Section 148/149. The Supreme Court allowed the appeal and acquitted the appellant entirely, holding that: (1) the High Court could not revisit the Section 148/149 acquittal without a State appeal; (2) when all co-accused are acquitted, no unlawful assembly case exists against one member; and (3) ballistic evidence and procedural defects meant the appellant could not be proven the author of the fatal shot, warranting acquittal under Section 302.
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