In Brief
In this criminal appeal, the Supreme Court upheld the conviction of Asif Khan under Section 302 (murder) read with Section 34 IPC. Following a dispute over water rights, Khan and his co-accused left the scene on a motorcycle and returned 10 minutes later armed with a knife. Khan held the victim's neck while his co-accused stabbed him, causing a fatal injury to the liver. The Court held that returning armed after a cooling-off period and the coordinated nature of the attack (one restraining, one stabbing) established premeditation and common intention. The Court distinguished prior cases and confirmed that Section 34 liability arises even without elaborate pre-planning if there is a meeting of minds and concerted action.
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