In Brief
Ten accused were convicted of murder under Sections 302/149/148 of the IPC in a fatal assault arising from a dispute over grazing rights on disputed agricultural land. While A1 (Makhan Lal) and A4 (Balram) played direct roles, the conviction of eight other accused persons was based on their mere presence and shouting verbal exhortations. The Supreme Court set aside the convictions of the other eight appellants, holding that prosecution failed to prove they formed an unlawful assembly with the common object or knowledge that murder would be committed, and that the police's failure to conduct mandatory Test Identification Parades prejudiced their defence, especially given the presence of 150-160 villagers at the scene.
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