In Brief
Two brothers, Asif Khan and Nasib Khan, quarreled with villagers over access to water. After the confrontation, they left on a motorcycle, then returned 10 minutes later with a knife. Nasib Khan stabbed the deceased (Sardarkha) while Asif Khan restrained him by the neck. The trial court convicted them of causing death by negligence (Section 304 Part II), but the High Court convicted them of murder (Section 302) under the doctrine of common intention (Section 34). The Supreme Court upheld the High Court's decision, finding that the accused's return with a weapon after a cooling-off period established premeditation and common intention, justifying murder conviction.
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