JUDGMENT :

Pankaj Mithal, J.

1. Heard learned counsel for the parties.

2. Leave was granted while reserving the judgment.

3. The correctness of the judgment and order of the trial court convicting and sentencing the appellant for life imprisonment for an offence under Section 302 read with 34 of the Indian Penal Code (“IPC” for short) and that of the High Court affirming the same is the subject-matter of examination in this appeal.

4. The notice on this appeal was issued to the respondent-State of U.P. on 17.04.2023 limited to the applicability of Section 34 of the IPC. Therefore, the only issue for consideration in this appeal is whether the appellant shared common intention along with other co-accused to kill the deceased Ram Kishore. Since the notice was confined to the applicability of Section 34 of the IPC, with the consent of the parties, we consider it appropriate to deal with the above aspect only in this appeal.

5. The facts as unfolded reveal that the First Information Report was lodged at the instance of one Balram at about 7:15 a.m. on 18.10.1982 at Police Station Ramnagar, District Varanasi alleging that when at 5:30 am on the same day he along with his brother Ram Kishore w