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 that apart from the present appellants whose conviction was confirmed, others formed part of the unlawful assembly. Hence, there was no unlawful assembly within the meaning of Section 141 of IPC. Therefore, the appellants could not have been convicted for the offence punishable under Section 302 of IPC with the aid of Section 149. The High Court has not modified the charge from Section 302, read with Section 149 of IPC, to Section 302, read with Section 34 of IPC. CONTRADICTIONS AND OMMISSIONS 5. Before we deal with the merits, something must be stated about how the trial court recorded the prosecution witnesses' cross-examination in this case, especially when they were confronted with their prior statements. The Trial Court did not follow the correct procedure while recording the contradictions.