Penal Code, 1860–Sec. 302/34–Conviction–Sustainability–Two witnesses of the incident were not examined by the prosecution–They were privy to the conversation between the appellant and accused A–Adverse inference should be drawn against the prosecution–Exchange of blows was between the deceased and A–He stabbed the deceased–Prosecution failed to prove the existence of a prior concert and pre-arranged plan–Held, appellant cannot be implicated with the help of Sec. 34.
