Supreme Court of India
Pulen Phukan & Ors. v. The State of Assam
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What the Court ordered
In view of the above analysis, we are unable to hold that there was an unlawful assembly and furt her to uphold the conviction under Section 149 IPC.
Judgment, page 17
From the headnote
Penal Code, 1860 : ss. 302, 326, 147, 148, 149, 447 and 34 – Murder – Unlawful Assembly – Complainant-PW 1’s case that 13 persons entered her house and caused grievous injur y to her brother-in-law PW 2 and three of them assaulted the victim with sharp cutting weapons resulting in his death – Tria l conducted against 11 of them – Courts below convicted them u/ s. 147/148/ 447/323/302/149 and sentenced them to imprisonment for life u/ss. 302/149 along with other punishment for the charged offences – On appeal, held: Prosecution is not to accept the c omplainant’s version as truth but the
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