MAHADEVA SHARMA & OTHERS vs STATE OF BIHAR

The Supreme Court held that it is not obligatory to charge an accused under Sections 147 or 148 IPC before utilizing Section 149 IPC for conviction. The court clarified that for Section 149 to apply, there must be an unlawful assembly, and the common object of that assembly must be established. The conviction under Section 302 read with Section 149 IPC was upheld, affirming that additional charges under Sections 147 or 148 are not a condition precedent for invoking Section 149.