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Head Note

Indian Penal Code,1860  - Section 302 , Section 34 , The Arms Act,1959  - Section 25

Appeal against Acquittal - Murder - Common Intention - Held that there was no justifiable reason for the 4 accused persons to go 100-150 yards inside the field of the complainant - Fact that they carried a weapon being 315 bore country-made pistol with them clearly shows that they had all the wrong intentions - Nowhere in the case of defence has this come out that the present three accused-respondents were not aware of the fact that 'S' carried the weapon - Also, the exhortation made by the accused persons against the complainant and the deceased mentioned about killing them - Having made such an exhortation, they threw the deceased on the ground - It goes on to show that they all shared a common intention and worked in tandem - High Court erred in acquitting the present accused.

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