Penal Code, 1860–Secs. 302/34–Applicability of Sec. 34 and proper Section for conviction–Attack was neither premeditated nor a result of preconcert–Fight took place between the parties, when the settlement proceedings were going on–Appellants were not armed–They were exhorted by A-1–Held, Section 34 cannot be made applicable in view of facts and circumstances of the case–Appellants attacked on R with sticks–He sustained the fracture of nosal bone due to attack on face–Held, conviction deserves to be
altered u/s. 325.
