NIHAL SINGH AND ORS. vs STATE OF PUNJAB

The Supreme Court upheld the High Court's decision to set aside the trial court's acquittal of the appellants charged under Sections 148 and 302/149 of the Indian Penal Code for causing the death of two persons as part of an unlawful assembly. The Court clarified its discretionary powers under Article 136 of the Constitution, stating that it can either review the entire evidence or assess whether the appeal warrants such a review based on established principles. The Court found no case for private defense was made out, as this plea was not raised in earlier proceedings.