Alauddin vs The State Of Assam

The Supreme Court addressed the conviction of the appellants under Section 302 read with Section 149 IPC for the murder of Sahabuddin Choudhury. The Court emphasized that for a conviction under Section 149, there must be proof of an unlawful assembly, which was not established as the High Court did not find that the other accused formed part of such assembly. Consequently, the Court held that the conviction under Section 149 IPC could not be sustained, leading to the acquittal of the appellants.