GALLU SAH vs THE STATE OF BIHAR

The Supreme Court upheld the conviction of the appellant under Section 436 read with Section 109 of the Indian Penal Code, establishing that the appellant, as part of an unlawful assembly, ordered another member to set fire to a hut, which was subsequently burned down. The Court found that the act of incendiarism was not isolated but a consequence of the appellant's abetment. The High Court's decision to set aside the conviction of the actual arsonist was noted, but the appellant's conviction was affirmed based on his role in the unlawful assembly and the order given.