The appellants assaulted the deceased and the injured with Lathi and Luhnagi
and not with any sharp cutting object. It is noticeable that there is nothing in
record to indicate that the kind of ,which turned out to be fatal was actually
intended by the appellants.
It appears that the appellants merely intended to give a beating to the deceased
and cause injury with no intention to commit murder. In taking the above said
view, the court below support in the view of the Apex court in case of Karan
Singh v State of Punjab, 1993.
Therefore ,this court has no hesitation to hold that this is a case where the
appellants may be attributed with knowledge that their assault can lead to death
of the deceased but not with intention to commit murder.
Moresi, the fatal injury which was medically opined to be sufficient to cause
death was not proved to be intended to be caused by any of the appellant