had been established. Even otherwise, there is convincing evidence against the appellants. He, therefore, submitted that no fault can be found with the view taken by the High Court. CONSIDERATION OF SUBMISSIONS 4. There is one aspect that was not brought to the notice of this Court, which goes to the root of the matter. As can be seen from paragraph 108 of the judgment of the Trial Court, the appellants have been convicted for the offence punishable under Section 302 with the aid of Section 149 of IPC. We may note here that ultimately, the High Court Criminal Appeal No. 1637 of 2021 Page 3 of 23held that only four accused were guilty. Under Section 149 of IPC, every member of an unlawful assembly is guilty of the offences committed in the prosecution of the common object of the unlawful assembly. Therefore, to apply Section 149 of IPC, there has to be an unlawful assembly. Section 141 of IPC defines unlawful assembly as an assembly of five or more persons. The High Court has not held