(1) THIS is an appeal by special leave. The accused Shiv Raj Singh and Saligram were convicted by the courts below under S. 302/34 of the Indian Penal Code, and sentenced to imprisonment for life. Special leave petition from Shiv Raj Singh has not been entertained by this court. We are concerned only with Saligram and the question for consideration is as to the nature of the offence committed by the appellant on the facts accepted. (2) IT is argued for the appellant that there was no intention on his part to murder Balram since he only slapped him. If he had the intention to kill Balram, he would have attacked him with the sword he was carry- ing. (3) WE do not think that this contention could be accepted. It is on record, that a day prior to the incident there was a quarrel between the deceased and Shiv Raj Singh. Shiv Raj Singh and Saligram are brothers. They went together to attack the deceased. They were armed with deadly weapons. Shiv Raj Singh was carrying an iron rod and Saligram was armed with a sword. It was tucked in his lungi to avoid being noticed by others. It was Saligram who first slapped the deceased. Shiv Raj Singh thereafter gave two blows with the iron rod. One blow fell on the shoulder of the deceased and the other on his head. Saligram also raised his sword for further attack, but by that time Balram fell down. The movements of the accused, the weapons carried and their concerted acts, would clearly indicate their common intention to murder Balram. Both are, therefore, equally guilty of the offence charged. (4) WE, therefore, see no reason to interfere with the view taken by the courts below. The appeals fails and is dismissed.