Penal Code, 1860–Sec. 302/34–Plea of defence that the accused S did not fire on deceased and he fired only on injured witness–So he can not be held guilty for the death of deceased–Both the appellants came together armed with firearms and indiscriminately fired with country-made pistols–Common intention is to be gathered from the manner in which the crime has been committed–Conduct of appellant revealing that both the appellants were having common intention–Plea negated, however, conviction altered u/s. 304 Pt.-I r/w. 34.
