PEERAPPA vs STATE OF KARNATAKA

The Supreme Court held that the conviction of the appellants under Section 302 IPC read with Section 149 IPC was unsustainable due to the requirement of an unlawful assembly consisting of five or more persons, which was not met as the other accused were acquitted. The Court noted that the High Court erred in its assessment of the evidence and the roles of the accused, leading to a misapplication of the law. Consequently, the Court set aside the High Court's judgment and directed that the appellants could be convicted under Section 302 read with Section 34 IPC or Section 302 simplicitor instead.