DHARAM PAL & ORS. vs THE STATE OF U.P.

The Supreme Court upheld the conviction of four appellants under Section 302 IPC read with Section 149 for their involvement in a rioting incident that resulted in two murders. The Court clarified that the acquittal of other accused does not automatically imply that the number of assailants was less than five, emphasizing that the presumption of innocence applies only to acquitted individuals. Despite some infirmities in the prosecution evidence, the Court found sufficient corroboration of the appellants' participation in the attack, leading to the dismissal of their appeal.