Conviction under Section 149 IPC upheld: Supreme Court affirms vicarious liability of unlawful assembly despite absence of specific overt acts

Held: The Supreme Court held that under Section 149 IPC, every member of an unlawful assembly is vicariously liable for offences committed in furtherance of the common object, even in the absence of specific overt acts attributed to each individual accused. The Court reiterated that proof of participation in the unlawful assembly and existence of a common object is sufficient to sustain conviction, and minor inconsistencies or absence of independent eyewitnesses do not discredit the prosecution case when supported by cogent ocular and medical evidence.

Summary: The case concerned the brutal murder of a person by a group of accused who arrived together armed with firearms, chased the victim, and shot him multiple times. The appellants challenged their conviction on grounds of unreliable eyewitness testimony, absence of specific roles, lack of recovery of weapons, and procedural lapses in investigation. The Supreme Court examined the evidence and found that the presence of all accused as part of an armed group, their coordinated actions in chasing and attacking the deceased, and the consistent testimony of related witnesses established the existence of an unlawful assembly with a common object. The Court held that even if an independent witness did not see the actual firing or specific overt acts were not attributed to each accused, their participation in the assembly and conduct was sufficient to invoke Section 149 IPC. Medical evidence corroborated multiple gunshot injuries, and recovery of cartridges further supported the prosecution case. The Court also held that minor procedural lapses or alleged unnatural conduct of witnesses were not sufficient to overturn conviction.

Decision: The Supreme Court dismissed the appeals, upheld the conviction and sentence of life imprisonment imposed by the Trial Court and affirmed by the High Court, directed the appellants to surrender forthwith to serve the remaining sentence, and disposed of all pending applications accordingly.