PATHUBHA GOVINDJI RATHOD vs STATE OF GUJARAT

The Supreme Court upheld the conviction of the appellants under Section 302 IPC for murder and Section 149 IPC for unlawful assembly, establishing that the presence of a common intention among the accused to commit the crime was evident. The Court emphasized that the use of deadly weapons and the exhortation to kill by the main accused demonstrated a clear intent to cause death. The appeal was dismissed, affirming the High Court's decision to partly allow the criminal appeals arising from the Sessions Court's judgment.