who were participating in the festivities, were teased by the A deceased in an inebriated state. The resultant fall-out was the immediate response to the said incident with the intention of preserving the honour and dignity of the said women. It is on account of the said incident that subsequently the accused persons assaulted lshwar and when he tried to run away, they a chased him and on being caught, he was fatally injured by Anil @ Balli and Sucha Singh with knives. Although, it has been urged that the Appellants herein had knowledge that both Anil and Sucha Singh were carrying knives, the same is not borne out from the evidence and their role in the incident in chasing c the victim and, thereafter, holding him, was more likely to teach him a lesson as was sought to be projected as his defence. In the absence of any common intention, the conviction of the Appellants under Section 302 with the aid of Section 34 cannot be sustained. It is no doubt true that the evidence of PW.5 the 0 complainant and PW.7 another eye-witness was corroborated by the injuries on the body of the victim, but that by itself would not establish common intention as far as the appellants in the present appeal are concerned. The learned counsel appearing for the appellant has placed strong reliance upon the judgment of this Court in the case of V. Sreedharan vs. State of Kera/a E reported in 1992 Supp (3) SCC 21, where the Court on the facts of the case took the view that the incident arising out of a quarrel at home and ending on the road was a continuous sequence, injury being a result of provocation and that prosecution under Section 304 Part I and not Section 302 IPC, was attracted. F Even in that case the present deceased had kicked the food on an auspicious day giving provocation and after the deceased ran for some time, the fatal· injuries were caused on his person. Somewhat similar are the facts here, as the cause of conflict arose from the conduct of the deceased in the G marriage party which ultimately as a sequence of events resulted in fatal injuries on the person of the deceased. The role attributed to them would, in our view, attract the provisions of Section 304 Part I IPC and not Section 302 read with Section 34 lPC. The appeal as far as the appellants' conviction under H
