Penal Code, 1860–Sec. 302/34, 323/34 & 324–Conviction–Proper Section–Witness did not attribute any specific overt act to the appellant–He was not armed with any weapon–It cannot be said with certainty that he shared common intention with the other accused–Held, he is entitled to be absolved from the liability under Sec. 34–Conviction deserves to be confined u/s. 323/34.
