SARWAN SIMGH & ORS ETC. vs STATE OF PUNJAB

The Supreme Court held that for an offence under Section 300 IPC, the prosecution must prove that the unlawful assembly had the common object to commit an offence punishable under Section 302 IPC. In this case, the Court found that the injuries inflicted were not intended to cause death, thus ruling out culpability under Section 300 read with Section 149 IPC. The Court concluded that the common object was to cause bodily injury likely to cause death, warranting a conviction under Section 304(1) IPC instead. Additionally, the Court clarified the application of Section 357(3) IPC regarding compensation, emphasizing the need to assess the accused's capacity to pay before awarding compensation.