Penal Code, 1860–Sec. 302/34–Conviction–Appreciation of–Accused-appellant came to house of deceased and gave him beating–Consistent statements of PW 5 & PW 6 who were the eye-witnesses of the incident–Cause of death was the injury received on the head–It cannot be said that an injury from a wooden stick is bound to cause the blood loss–Lathi was recovered in pursuance of information furnished u/s. 27 of the Evidence Act–Fact of prior animosity was proved–Incident fulfills the elements of common intention as laid down u/s. 34 IPC–Held, conviction was justified.


