S. MURALIDHAR, J.

1. This is an appeal directed against the Judgment dated 22nd May, 2003 passed by the learned Additional Sessions Judge, New Delhi (hereafter the “trial Court”) in Sessions Case No. 47/2002 arising out of FIR No. 698/2001 registered at Police Station (PS) Mehrauli convicting the Appellant for the offence under Section 302/34 IPC and the order on sentence dated 27th May, 2003 sentencing to him to imprisonment for life and fine of Rs. 10,000/- in default to undergo rigorous imprisonment for six months.

2. The Appellant was charged for having murdered the deceased Kallu on the intervening night of 30th/31st December, 2001 along with co-accused, who was a juvenile in conflict with law (JCL), in furtherance of their common intention near Wireless Monitoring Organization, International Monitoring Station, Mehrauli.

3. At the outset, it requires to be noticed that JCL was sent for trial separately before the Juvenile Justice Board. As far as the Appellant is concerned, he was tried here and convicted by the trial court in the manner indicated thereafter.

4. The case of the prosecution is that the deceased was the nephew of Ram Khilavan (PW1). The Appellant was marr