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 U.P. 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-appellant along with four other co-accused, namely, Jwala Prasad, Bankey Lal, Shyam Bahadur and Mithai Lal, has 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. Ashok Singh Yadav, Mr. Sanjay Kumar Yadav, Mr. Rajesh Yadav, learned counsel for the accused-appellant, Mr. Rajeev Lochan Shukla, Mr. Direndra Kumar Srivastava, learned counsel for the respondent, Mr. Siddhartha Shukla, learned counsel for the