JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Appellant calls in question legality of the judgment rendered by a Division Bench of the Allahabad High Court upholding his conviction for offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short IPC ). The appellant faced trial along with one Afzal @ Patel. Both of them were convicted in the aforesaid manner and each was sentenced to undergo imprisonment for life.

3. In a nutshell prosecution version which led to trial of the appellant along with his co-accused is as follows:

Zamil Ahmad (hereinafter referred to as deceased ) had his grocery shop in mohalla Gali Darjiyan, P.S. Kotwali, Muzaffarnagar City. Accused Afzal had forcibly demanded money from Kalloo, younger brother of the deceased. Kalloo had told this fact to deceased and when he complained to accused Afzal he threatened to kill him.

4. On the night of 4.10.1979 at about 9.30 p.m. Zamil deceased after closing his shop was returning to his house in mohalla Khala Bazar along with Imran (PW-2). When he reached in front of Maszid Kunharan near mohalla Khalla Bazar accused Afzal alias Patel and his uncle accused-appellant Israr met him and