SUBRAN @ SUBRAMANIAN vs STATE OF KERALA

The Supreme Court held that for a conviction under Section 149 IPC, the existence of an unlawful assembly must be established, which was not proven in this case as only four out of six accused were found guilty. The Court ruled that the conviction of the accused under Section 302 IPC cannot stand when the unlawful assembly is not established, and that individuals can only be convicted for the specific offences they are charged with. The Court ultimately acquitted two of the accused and upheld the convictions of the remaining four, modifying the sentences accordingly.