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