BHARWAD MEPA DANA & ANOTHER vs STATE OF BOMBAY

The Supreme Court upheld the conviction of the appellants under Section 302 read with Section 149 and Section 34 of the Indian Penal Code, 1860, for their involvement in an unlawful assembly with the common object of committing murder. The Court ruled that even if the number of convicted persons was less than five, the High Court could still apply Section 149, as the assembly included unidentified members. The Court clarified that the absence of proof regarding who delivered the fatal blows does not absolve the appellants of liability, as long as the murders were committed in furtherance of the common intention of the assembly.