5.4. The High Court was correct in its approach in holding the
appellant guilty for the offence punishable under Section 304 Part II,
IPC by assessing the individual role on his part. Having regard to the
evidence on record regarding the role played by the appellant and the
injuries caused by him on the head of the deceased by using lathi, he
could be presumed to have acted with an intention to cause death or
such bodily injury which he knew that it would be of such kind and
nature that would cause, in ordinary course, the death of the person
to whom it is caused. However, the degree of the offence in the facts
and circumstances of the case, could not be said to be partaking the
offence of murder under Section 302, but the offence committed
would be punishable under Section 304 Part II, IPC.
