Penal Code, 1860–Secs. 302, 302/149, 323/149, 148–Conviction–Proper Section and sustainable against whom ?–Sudden altercation between two parties following by allegations–B & S reached there, armed with deadly weapons–They both shared common intention as both of them went to their houses and returned with arms–Recovery of lathies at the instance of other accuseds does not prove that the have shared the common intention–Held, B & S are liable to be convicted u/s. 304 Pt. I r/w. 34 & 307/34 as the case was of sudden altercation–Others are entitled to be acquitted from the charge u/s. 302.
