Accordingly, the conviction under section 302 IPC is confirmed. 17. Insofar as the conviction under section 34 IPC, there is a contradiction in the evidence of the Investigating Officer and the other witnesses on instigation. P.W.1 and P.W.2 had deposed in the court that the other accused instigated the appellant to fire the shot, but on the contrary, the Investigating Officer had deposed that during investigation, it was revealed by the complainant and the15 other witness that the appellant fired on his own. The Sessions Court did not accept the evidence of P.W.1 and P.W.2 with regard to the charge framed against other accused and acquitted them. Considering the fact that for a person to be convicted under section 34, there must be an involvement of two or more persons with common intention to commit the crime. Mere presence of the accused at the scene of occurrence is not sufficient. In the present case, after the acquittal of the other accused with a finding that there was nothing