The distinction between intention to cause death and knowledge that an act is likely to cause death in the context of Section 300 and Section 304, Part II of the Indian Penal Code.

( 1 ) THESE two appeals, Criminal Appeals New. 431 and 524 of 1958, the former on behalf of accused I to 4 and the latter by the State, are directed against the judgment of the Sessions Judge of Cuddapah holding accused I to 4 guilty under Second Part of Section 304 I. P. C. read with Section 34 I. P. C. for the murder of Kesireddi and sentencing each of them to seven years rigorous imprisonment, and also holding 1st accused guilty under Section 324 I. P. C. for voluntarily causing hurt to P. W. 1 and sentencing him to two years rigorous imprisonment, and also holding 4th accused guilty under Section 325 I. P. C. for voluntarily causing grievous hurt to P. W. 1 and sentencing him to three years rigorous imprisonment, all the sentences to run concurrently.

( 2 ) THE facts leading to these appeals are: Accused 1 to 4 were charged with the murder of one Vennapusa Kasireddi in the village of Peddapasupula on 18-1-1958 at about 10 A. M. near the rastha at Pedda Ankannas kallam. The prosecution case was that accused 1 and 2 are the sons of sisters, and accused 3 and 4 are the sons of 1st accuseds wifes sister, About two months prior to the occurrence, a dispute arose between the 1st accused and the deceased regarding a bund between the field of 1st accused and that of Venkatareddi (P. W. 5), the deceaseds brothers son-in-law. 1st accused raised a bund digging out the earth from the field of Venkatareddi between their fields. Venkatareddi went and reported the matter to Kasireddi, the deceased, The deceased and P. W. 5 proceeded to the 1st accused and questioned him. The 1st accused replied that the matter may be referred to a panchayat. Then a panchayat was held with P. W. 3 Sanjeevareddi, one Dibbireddi, and Nagireddi as panchayatdars. P. W. 4, Venkata Subbarayudu, was called to make measurements of the fields and on measurements being taken, it was found that 1st accused had removed earth from the field of Venkatareddi and the panchayatdars felt that it was not useful to give any decision on the spot and said that they would give it later after considering all the aspects. Words were exchanged between them. In the altercation, the deceased said that his anger against him would not be satisfied unless he kicked 1st accused. The 1st accused replied "*****?" (Original translated as, "you think, you can kick me and still get on. ") The deceased however kicked 1st accused on his buttock. The 1st accused went away without saying or doing anything and the panchayat stopped. On the day of the occurrence, P. W. 1 went to his kallam with his bulls to crush the cars of corn. The deceased, one Mahanandireddi (hot 1st accused) Annareddi and Chinna Pullareddi also went with them to his kallam to assist in the work. They worked in the kallam till after Chinna Amballa Proddu and before Pedda Amballa Proddu, i. e. , about 9 or 9-30 a. m. When they reached the kallam of Ankanna, accused 1 to 4 came from the opposite doddi of Pedda Subhareddi and attacked the deceased. The 1st accused stabbed him in the stomack with the spear, and the 3rd accused in the right flank. The deceased fell down. Thereafter, the 2nd accused hit him on his head with the hatchet and the 4th accused beat him with a stick on his body. The 1st accused again attempted to stab the deceased, but P. W. 1 intervened and held the spear. The 4th accused hit P. W. 1 with the stick on his hand with which P. W. 1 let the spear go. Then all the four accused ran away towards the tank. P. W. 1 found the deceased unconscious with the injuries and then he ran to the village to report about the occurrence to the elder brother of the deceased, Pedda Abbireddi. P. W. 1 brought Pedda Abbireddi, the wife of the deceased (P. W. 7) and others to the scene of occurrence. The deceased was still unconscious. He was carried to the house of Pedda Abbireddi on hands. A little later, the deceased died. P. W. 1 thereafter went to the village Munsif (P. W. 10) and gave him a report which he reduc