Penal Code, 1860–Secs. 302/149, 325/149, 364 & 148–Conviction–Sustainable against whom ?–No overt-act attributed by appellants K & M–Prosecution failed to produce the concrete evidence in regard to the formation of unlawful assembly–Omnibus evidence and mere presence is not sufficient
for holding them vicariously liable–Appellant A was impleaded by later improvement in statements–Held, these appellants are entitled to be acquitted–Remaining appellants are entitled to be convicted with the help of Sec. 34.
