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Head Note

Indian Penal Code,1860  - Section 302 , Section 34

Contention that Appellant had no enmity with the deceased and it was accused No. 1 had to repay the money to deceased and wanted to finish him - Evidence showed though appellant had brought no weapon with him, but it was appellant who had given first blow on head of deceased with a wooden piece which was lying at the place of occurrence - Thus the case clearly attracted Section 34 Indian Penal Code so for appellant was concerned - Conviction to appellant under Section 302 Indian Penal Code with aid of Section 34 IC upheld - Held - Common intention can form and develop even in course of the occurrence.

Topic(s)-Common Intention

Important Decision(s)- Common intention can form and develop even in course of the occurrence.