SANTOSH vs THE STATE OF MADHYA PRADESH

The Supreme Court set aside the High Court's judgment and restored the Sessions Court's conviction of the appellant for participation in a riot under Sections 147, 302/149 IPC. The Court held that while the appellant participated in the riot, the evidence did not establish that the common object of the unlawful assembly was to cause death, thus altering the conviction under Section 304(1)/149 IPC to Section 302/149 IPC for three murders. The sentences were made concurrent, affirming the other convictions and sentences imposed by the Sessions Court.