In Brief
Ten accused persons were convicted of murder under Sections 302, 149 and 148 IPC for the death of Devi Singh in a dispute over grazing cattle on disputed land. While A1 (Makhan) held the deceased and A4 dealt lathi blows, the other eight accused merely stood nearby and shouted slogans. The Supreme Court held that mere presence in an assembly does not constitute membership of an unlawful assembly without overt acts. The prosecution failed to prove the other accused knew murder was likely to occur. The Court also noted the serious procedural defect: no test identification parade was conducted despite 150-160 witnesses present. The Court dismissed the conviction of the other accused and allowed their appeals, upholding only A1's conviction.
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