KARTAR SINGH & ORS. vs STATE OF PUNJAB

The Supreme Court upheld the conviction of the appellant under Sections 302 and 307 read with Section 149 of the Indian Penal Code, affirming that the presence of more than five persons in the appellant's party constituted an unlawful assembly. The Court clarified that in a premeditated free fight, participants cannot claim the right of private defense, as their intention to cause injury amounts to a common object of unlawful assembly. The acquittal of other named accused did not negate the unlawful assembly, as the prosecution established the appellant's involvement in the incident.