Y a small boy was guarding the field Z and M...

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Y, a small boy was guarding the field. Z and M outsiders trespassed and stared harvesting, on protest by Y they beat him up and hearing his cries, X and P, Uncles of Y who were working in different directions, rushed in, one of them X, fired at the trespassers killing one of them and ran away. P was arrested and charged under section 302 of the Indian Penal Code for murder read with section 34. Which of the following statements is correct?

A. He is liable for murder because of the similar intention of both the brothers

B. He is liable for murder because of the same intention of both the brothers

C. He is liable for murder because he was present when his brother forced at the trespassers

D. He is not liable because there was no common intention to kill

Answer: Option D

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