STATE OF BIHAR vs MATHU PANDEY & ORS.

The Supreme Court held that the respondents could not be convicted under Section 302 read with Section 149 IPC as the prosecution failed to establish the existence of an unlawful assembly with a common object to commit murder. The Court emphasized that the right of private defense under Section 103 IPC allows for the voluntary causing of death when preventing theft, provided the response is proportionate and within legal limits. The Court upheld the High Court's acquittal of the respondents, affirming their actions were in defense of property against theft, thus not constituting an unlawful assembly.