9. That the Accused did at the same time, same place and in the course of the same transaction as in the 1st charge, and continuing to be members of the same unlawful assembly that one or more Accused shot at Rajapurage Gamini and caused injures to him with intention or knowledge under such circumstances that if he by that act caused death, the Accused would be guilty of murder and thereby committed the offence of attempt to Murder in prosecution of that object and as the Accused or a member of the said unlawful assembly knew that such offence could have been committed in the prosecution of the common object of the unlawful assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object and the Accused continuing to be members of the same unlawful assembly at the time of committing such offence of Attempted Murder punishable under section 300 to be read with section 146 of the Penal Code. SC/TAB/2A-D/2017 7