Fact: The accused armed themselves with deadly weapons and secured themselves on the terrace of a house, collected the opponents by beat of drum and threw out a challenge of fighting. Thereupon the deceased used provocative language challenging the accused to come out of the house and fight. The accused did and killed the deceased. Issue: Whether the accused is guilty of murder?

The preparation shows premeditation - they armed themselves with deadly weapons and secured a strategic position (terrace). They actively collected opponents by beat of drum and issued a formal challenge. Though the deceased used provocative language, the preparation shows planning. The accepted legal position is that pre-arranged fights with deadly weapons where death results constitute murder as there is clear intention to cause death.