Penal Code, 1860–Sec. 147–Applicability–Essential question in a case u/s. 147 is whether there was an unlawful assembly as defined u/s. 141 of five or more than five persons–The identity of the person comprising the assembly is a matter relating to the determination of the guilt of the individual accused, and even when it is possible to convict less than five persons only, Section 147 still applies, if upon the evidence, the Court is able to hold that the person or persons who have been found guilty were numbers of the assembly of five or more persons known or unknown, identified or unidentified.
