MOHAN SINGH vs STATE OF PUNJAB

The Supreme Court held that the conviction of the appellants under Section 302 read with Section 149 of the Indian Penal Code was unsustainable due to the acquittal of two co-accused, which rendered Section 141 inapplicable. The Court clarified that Section 149 prescribes vicarious liability for unlawful assembly, requiring five or more members, and thus, the conviction was altered to one under Section 302 read with Section 34 IPC, which necessitates a common intention among the accused. The judgment emphasized the distinction between common intention and common object in unlawful assembly cases.