JUDGMENT :

Navin Sinha, J.

Leave granted.

2. The conviction of respondent no.2, under Section 302/34 IPC, by the Sessions Judge, Sagar, in Sessions Trial No. 369 of 1997, has been reversed by the High Court in appeal, acquitting him. The appellant, brother of the deceased, assails the acquittal.

3. Lokman Khatik, accused no.3, was peeved with the meeting being held for his removal from the post of Mayor. The deceased was the President of the Congress Sewa Dal, spearheading the campaign.

The trial court from the evidence arrived at the finding that all the four accused came together to the place of occurrence in a white ambassador car. Accused no.3 identified the deceased to Jitendra @ Jittu, accused no.2. Thereafter, respondent no.2 accompanied by the latter and accused no.4, Bhupendra, proceeded towards the deceased. Accused no.2 took out a revolver from his waist and fired at the deceased while the other two accused provided cover. All the four accused then left the place of occurrence in the ambassador car. The deceased died on the way to the hospital. The plea of alibi by respondent no.2 was disbelieved.

4. Accused no.2 was convicted under Section 302, IPC to Life imprisonment and ri