In Brief
Five men stormed into a house at night and killed a sleeping resident with axe blows. Three of the five were convicted by the trial court as members of an unlawful assembly under Section 149 IPC, though they carried only lathis and ballams and did not strike any blows. The High Court acquitted them, finding insufficient evidence. The Supreme Court reversed, holding that membership in an armed unlawful assembly with a common object to kill is sufficient for vicarious liability under Section 149 IPC. The Court restored their life sentences, emphasizing that being part of a coordinated night raid on a private home—each member separately armed—established guilt, regardless of whether they personally inflicted injuries.
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