Penal Code, 1860–Sec. 302/34–Acquittal of respondent-accused by High Court with the view that it was not a case for invoking the Sec. 149–Justification–Vital injury was caused by accused B who has died–Appellant was part of unlawful assembly and he participated in the commission of offence–Held, he will be liable to be convicted u/s. 302/149.