In Brief
Asif Khan appealed against his conviction for murder under Section 302 read with Section 34 IPC. The trial court had convicted him only under Section 304 Part II, finding no intention to kill. The High Court reversed this and convicted both Khan and his co-accused under Section 302/34 on the ground that after an altercation, they returned within 10 minutes armed with a knife to deliberately attack and kill the deceased. The Supreme Court upheld the High Court, holding that common intention was clearly established: the accused's return with a deadly weapon and coordinated assault (one holding the victim's neck while the other stabbed) demonstrated a prior meeting of minds and premeditated concert, satisfying Section 34 requirements. The appeal was dismissed.
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