MIZAJI AND ANOTHER vs THE STATE OF U.P.

The Supreme Court upheld the conviction of the appellants under Section 302 read with Section 149 of the Indian Penal Code for murder committed during an unlawful assembly. The Court found that the common object of the assembly was to take forcible possession of a field, and the members were aware that lethal force could be used to achieve this objective. The Court clarified that even if the murder was not directly in pursuit of the common object, it could still fall under Section 149 if it was foreseeable. Mizaji, who fired the fatal shot, was sentenced to death, while the others received life imprisonment.