Advocates appeared:
For the Appellant(s) : Mr. Siddhartha Dave, Sr. Adv. (Amicus Curiae) Ms. Tomthinnganbi Koijam, Adv. Mr. L.K. Paonam, Adv. Mr. Niraj Bobby Paonam, Adv. Ms. Aswathi M.K., AOR
For the Respondent(s): Mr. Vishal Meghwal, Adv. Mr. Milind Kumar, AOR Mr. Abhishek Gupta, Adv.

Facts

• On 28.11.2010, while the complainant's younger brother Narendra Singh was filling water from a hand-pump at around 9:30 a.m., five named persons—Bhupendra Singh, Vijendra Singh, Bhawani Singh, Sangeeta, and Gulab Kanwar—allegedly assaulted him and Bhawani Singh with lathis, causing both to become unconscious; Bhawani Singh died, and Narendra Singh was injured.[1000776150012] (!)
• FIR registered on 01.12.2010 named all five accused, but police charge-sheeted only two (Bhupendra Singh and Vijendra Singh) under Sections 341, 323, 325/34, 308/34, and 302/34 IPC (alternatively 302/34).[1000776150012] (!) (!) [1000776150009]
• During trial, Bhupendra Singh died (proceedings abated); prosecution filed application under Section 319 CrPC to add remaining three accused, initially dismissed but allowed after High Court remand; those three absconded, leading to separation of Vijendra Singh's trial with reframed charges including Section 302/149 IPC. (!) [1000776150009]
• Trial court convicted Vijendra Singh under Sections 147, 323, 427, and 302/149 IPC, sentencing him to life imprisonment under 302/149. (!) (!) (!)
• High Court partly allowed Vijendra Singh's appeal, acquitting him of 302/149 IPC (holding no unlawful assembly of five as charge-sheet was only against two and others added later) but convicting him under Section 323 IPC. (!) [1000776150008] (!)
• Complainant appealed to Supreme Court against High Court's acquittal on 302/149 IPC. (!) [1000776150001] (!)
• Deceased sustained multiple injuries including fatal neck injury (hematoma, broken cervical ribs) causing death by shock; Vijendra Singh participated in assault. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)

Ratio Decidendi

• Identity of persons comprising the unlawful assembly relates to determining individual guilt; Section 147/149 IPC applies if evidence shows the convicted person(s) were members of an assembly of five or more (known/unknown, identified/unidentified), even if fewer than five are convicted or tried together.[1000776150009] (!)
• Specific FIR naming five accused supports unlawful assembly of five or more, attracting Section 149 IPC, regardless of investigating officer charge-sheeting only two and others added via Section 319 CrPC (even if their trial separated). (!) (!) [1000776150009] (!)
• Member of unlawful assembly who participates in offence is liable under Section 302/149 IPC for offences committed in prosecution of common object (first part of Section 149), even if not delivering fatal blow. (!) (!) (!) (!) (!)
• High Court erred in rejecting Section 149 IPC based on initial charge-sheet/trial separation; trial court conviction under 302/149 restored, with life imprisonment.[1000776150008] (!) (!)