Penal Code, 1860–Secs. 302/34–Conviction–Sustainable against whom ?–Accused U & B fired on deceased R–It is not clear that whose fire had hit the deceased–Both the accused’s shared common intention–However, no overtact was attributed by the appellants D & S as contradiction was found in the testimony of PW 2 and PW 3 stated nothing about the specific role of these appellants–Investigation officer also opined that these appellants did not fire and no signs of firing were found on the wall–Held, appellants D & S are entitled to be acquitted.
