NETHALA POTHURAJU AND ORS. vs STATE OF ANDHRA PRADESH

The Supreme Court held that the conviction of the appellants under Sections 148 and 149 IPC was erroneous, as the acquittal of four co-accused meant that the remaining three could not form an unlawful assembly under Section 141 IPC. The Court clarified that the non-applicability of Section 149 does not preclude conviction under Section 302 read with Section 34 IPC if the evidence shows a common intention to commit the offense. Consequently, the appellants were found guilty under Section 302 IPC and sentenced to life imprisonment.