Consider the following statement: Section 34 of the Indian Penal Code does not apply where: 1. Five or more person assembled where one killed A 2. A and B who are enemies of C decided distinctly of kill C. A killed C when B was also present 3. The presence of any person, who participated in the pre-arranged plan, is not necessary at the time of actual commission of the crime 4. Privity of mind of all the accused is an essential ingredient for the commission of crime of these statements:

Answer: Option D