Unlawful assembly and common object proved through corroborated eyewitness and medical evidence; conviction under section 149 was upheld.

Credible eyewitness testimony, though from related witnesses, was accepted because it was corroborated by the prompt FIR, injury reports and medical evidence. The non-examination of some witnesses did not weaken the prosecution case, as no effective explanation was elicited from the investigating officer in cross-examination. On the facts, the assailants acted in concert, were armed with deadly weapons, attacked at midnight, caused death and injuries, and shared a common object to commit murder. Section 149 of the Indian Penal Code, 1860 therefore applied, and the conviction for unlawful assembly and participation in the incident was upheld.

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Issues: Whether the conviction of the appellants for offences arising out of the formation of an unlawful assembly and participation in the incident, including application of section 149 of the Indian Penal Code, 1860, was liable to be interfered with.

Analysis: The evidence of the eyewitnesses was found to be trustworthy despite their relationship with the victims, as it was corroborated by the prompt first information report, the injury reports, and the medical evidence relating to the deceased and the injured witnesses. The non-examination of some witnesses did not discredit the prosecution case where no effective explanation was sought in cross-examination of the investigating officer. The Court further held that the assailants acted in concert, were armed with deadly weapons, attacked at midnight, caused death and injuries, and shared a common object to commit murder, bringing the case within section 149 of the Indian Penal Code, 1860.

Conclusion: The conviction and the finding that the appellants were members of an unlawful assembly sharing the common object of committing the offence were upheld, and the appeal failed.

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