MASALTI vs STATE OF U. P.

The Supreme Court addressed the trial of forty individuals from a village faction charged under Section 302 read with Section 149 IPC for the murder of five individuals from a rival faction. The Court held that in criminal appeals involving death sentences under Article 136, relevant pleas not considered by the High Court must be addressed. It clarified that not every witness cited by the prosecution needs to be examined if their testimony is not material, and that the evidence of partisan witnesses cannot be mechanically dismissed. The Court also emphasized that Section 149 IPC allows for vicarious liability, meaning not all members of the unlawful assembly need to have committed the offense for a death sentence to be imposed.