JUDGMENT :

SHIV SHANKER PRASAD, J.

1. This criminal appeal has been preferred by the accused-appellant Shanker Yadav against the judgment and order dated 25th March, 2004 passed by the Additional Sessions Judge/F.T.C.-IV, Jaunpur in Sessions Trial No. 41 of 1990 (State of Uttar Pradesh Vs. Jwala Prasad & Others), arising out of Case Crime No. 110 of 1989, under Sections 148, 149 and 302 of I.P.C., Police Station-Baxa, District-Jaunpur, whereby the accused-appellants, namely, Jwala Prasad, Bankey Lal, Shyam Bahadur and Mithai Lal along with co-accused Shanker, have been convicted and sentenced to undergo one year simple imprisonment for the offence punishable under Section 148 of I.P.C. and life imprisonment for the offence punishable under Section 302/149 I.P.C. with a fine of Rs. 20,000/- each, in default thereof he has to further undergo one year additional imprisonment.

2. We have heard Mr. V.P. Srivastava, learned Senior Advocate, assisted by Mr. Muktesh Kumar Singh, and Sri Sanjay Kumar Yadav, learned counsel for the accused-appellant no. 3 Shyam Bahadur, Sri Ashok Kumar Singh, learned counsel for accused-appellant no. 2 Bankey Lal, Sri Rajesh Yadav, learned counsel for accused-a