In Brief
On 28 November 2010, a group attacked Narendra Singh while he filled water from a hand-pump. The attack resulted in death. Five accused were named in the FIR, but only two were initially charge-sheeted. Later, the remaining three were added as accused. Due to their absconding, trials were separated. The trial court convicted Vijendra Singh under Section 302/149 IPC. The High Court acquitted him, reasoning that Section 149 IPC could not apply because the accused were tried separately. The Supreme Court reversed this, holding that when five or more persons are specifically named in the FIR forming an unlawful assembly, even if tried separately, a member can be convicted under Section 149 IPC if the evidence establishes membership in the assembly and participation in the crime.
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