- (1.) Heard learned counsel for the appellant, learned AGA and perused the record.
(2.) This appeal has been preferred against the impugned judgment and order dated 25.3.2010 passed by the learned Additional Sessions Judge Court No.9, Varanasi in S.T. No.1039 of 1998, State v. Ramesh Kumar Singh &. others, whereby, he convicted and sentenced the accused/appellant Mahendra Pratap Singh under Sections 147,148, 302/ 149 & 307/149 IPC and awarded imprison-ment for life as maximum sentence along with payment of fine.
(3.) According to prosecution, due to previ-ous enmity, on 25.7.1989, at about 6.00 p.m., Ramesh Singh armed with gun and Guddu Singh, Lallu Yadav, Kallu Yadav and Mahendra Pratap Singh armed with coun-try made pistols came along with Gorakh Nath Singh at the general store shop of the informant Tribhuwan Narain Singh. On the exhortation of Gorakh Nath Singh his nephew? Mahendra Singh told that "Ramesh Bhaiya Aapke Mana Karne Ke Bawjud Bhi Nahi Mane Aur Quarter Ka Safai Kara Liye Aur Mere Chacha Ke Khilaf Gram Pradhan Chunav Ka Petition Lad Rahe Hai. Inka Man Kafi Badh Gaya Hai. Ye Sab Aaj Bade Mauke Se Mile Hain. Aaj Inhe Saf Kar Dena Hai." In the meantime, Ramesh Singh opened fire on the informant's father, Girja Prasad Singh and the other accused also started firing indis-criminately. The informant's fa" her died at spot and his relative Jwala Prasad Singh and other persons sustained firearm inju-ries. The incident was seen by Kamla Singh, Janardan Singh and other persons. The FIR was lodged on the same day at 7.00 p.m.;