intention with the fifth unknown accused person to commit the offence. To illustrate the point, if in a case First Information Report is lodged against four persons, known as well as unknown, and tried, out of whom three acquitted, one person can be convicted under Section 302, IPC simpliciter in case it is found that injury inflicted by him was fatal one, but he cannot be convicted under Section 302 with the aid of Section 34, IPC as in view of acquittal of the other accused persons, he cannot be said to have shared the common intention with anybody. On the other hand, if there are three persons, two named and one unknown, whose identity could not be ascertained even during the course of investigation, and upon being put on trial, out of the two named one gets acquitted, the other can be convicted under Section 302 with the aid of Section 34 IPC as it can be said that the convicted accused shared the common intention with the unknown person if there is evidence to that effect. In the present case, all the four eye-witnesses, namely, PWs 2,3,5 and 9, upon whom reliance has been placed by the two courts below, have candidly and consistently stated that the appellant and accused Tileshwar Rai along with other accused persons came to the house of the deceased and threw bomb upon him as a result of which he received injuries and succumbed to the same. We have already found that the evidence of these witnesses has been rightly found to be reliable by the trial court as well as the High Court so far as the appellant is concerned. We do not find any reason
