2024 INSC 376 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1637 OF 2021 ALAUDDIN & ORS. …APPELLANT(S) VERSUS THE STATE OF ASSAM & ANR. .…RESPONDENT(S) J U D G M E N T ABHAY S. OKA, J. FACTUAL ASPECT 1. The appellants are accused nos. 3, 1, 6 and 7 respectively. The appellants have been convicted for the offences punishable under Section 302, read with Section 149 of the Indian Penal Code (for short, ‘IPC’). The allegation against the appellants is of committing culpable homicide amounting to the murder of one Sahabuddin Choudhury. The incident is of 3rd February 2013. There were eight accused who were tried for the offence. Out of the eight accused, the Trial Court convicted five. One died during the pendency of the trial. An appeal against conviction was preferred before the High Court. By the impugned judgment, the High Court confirmed the Criminal Appeal No. 1637 of 2021 Page 1 of 23appellants' conviction. However, the High Court set