As per case facts, the deceased was fatally assaulted in his sleep by accused persons, allegedly due to an inter-community marriage. His wife, the sole eye-witness, saw the incident. The ... Trial Court convicted four accused, but one was acquitted. The High Court further acquitted another accused, leaving three convicted. The appellants challenged this, arguing that with fewer than five convicted, Section 149 IPC cannot apply and the eye-witness testimony was unreliable due to visibility issues. The question arose whether the conviction of less than five persons for offenses involving unlawful assembly could stand, especially when the eye-witness's identification was contested and there were doubts about the prosecution's case after multiple acquittals. Finally, the Supreme Court, while noting the unlawful assembly prerequisite of five persons was not fully met, concluded that the common object was proven and the homicidal death established. The Court found the eye-witness's account credible regarding the number of assailants and the recovery of the weapon from an accused, thus confirming the convictions and dismissing the appeal.