In Brief
The State of Uttar Pradesh challenged the acquittal of three respondents accused of criminal assault and unlawful assembly resulting in death. The trial court had acquitted them, but the High Court set aside the acquittal based on reliable eyewitness evidence of their participation in the unlawful assembly and possession of weapons. The Supreme Court upheld the High Court's decision, holding that minor variations between medical and eyewitness evidence do not diminish the primacy of credible ocular testimony. The Court affirmed that vicarious liability under the unlawful assembly provisions attaches when accused members are proven present and armed, regardless of specific firearm injury. The appeal was allowed and the respondents were directed to surrender and serve their sentences.
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