Supreme Court of India
State of H.P. v. Nazar Singh and Anr.
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From the headnote
Penal Code, 1860 - s.304 Part II r/w s.34 - Culpable "" homicide not amounting to murder - Common intention -t Death due to armed assault - Four accused viz. 'S', 'J' and the two respondents - /legation that 'S' inflicted two injuries c on deceased's head with a 'gandasi' whereas the other accused inflicted 'lathi' blows - Held: On facts, there was no intention on part of any accused to cause death - Common intention, if any, assuming there was one, was to cause simple hurt as all ten injuries were found to be simple except one injury which the deceased suffered on his forearm - If common
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