It appears from circumstantial evidence in the present case that the accused-appellant, also in common with his accused brother, nursed a grudge against the deceased. The time chosen for the assault on the deceased was dead at night. Both the accused came to the deceased's house armed with deadly weapons.

They made a determined, concerted attack, causing no less than 14-15 injuries and killing the deceased almost instantly. All the injuries were collectively sufficient to cause immediate death in the ordinary course of nature. These circumstances unerringly point to the conclusion that both the appellant and his brother had a common intention to cause the death of the deceased.

In pursuance of such intention and a prearranged plan, they participated in the assault on the deceased, resulting in his death on the spot. Therefore, the appellant must be convicted under Section 302 read with Section 34 of the Penal Code.

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• Circumstantial Evidence Its Elements And Application