RAM TAHAL & ORS. vs STATE OF U.P.

The Supreme Court held that for a conviction under Section 149 IPC, it is essential to establish that at least five persons were present with a common object, although not all need to be convicted. In this case, since two of the accused were acquitted, the conviction of the remaining four under Sections 148 and 304 read with Section 149 could not be sustained. However, the Court found the appellants guilty under Sections 304 Part 1 and 307 read with Section 34 IPC, affirming that there was a preconcerted plan to attack anyone resisting their actions.