MAHENDRA PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Above mentioned first two appeals are preferred against the judgment dated 25.3.2010 passed by Additional Sessions Judge, Court No 9, Varanasi in S.T. No. 1039/1998, State v. Ramesh Kumar Singh, sections 147, 148, 302/149, 307/149 I.P.C., p.s. Phoolpur, Varanasi, by which one accused Gorakh Nath Singh was acquitted; and another accused Mahendra Prasad Singh was convicted and punished for offences under sections 147, 148, 307/149 and 302/149 I.P.C. He was punished for charge u/s 147 IPC with simple imprisonment for one year, for charge u/s 148 IPC with simple imprisonment for 2 years, for charge u/s 307/149 IPC with rigorous imprisonment of 10 years and fine of Rs. 5000/- (in default of payment additional s.i. of 2 years), and for charge u/s 302/149 IPC with imprisonment for life years and fine of Rs. 10000/- (in default of payment additional s.i. of 4 years). Remaining two accused persons namely, Gorakhnath Singh and Ramesh Kumar Singh were acquitted. Above mentioned third Governmental Appeal is preferred against the judgment dated 27.06.2012 passed by same sessions court by which accused Ramesh Kumar Singh was acquitted of charges u/ss 147, 148, 307/149 and 302/149 I.P.C.

(2.) The three appeals relate to same judgments of two above mentioned sessions trial relating to one and same incident relating to case crime no. 91/ 1989, which were conducted and concluded separately.

(3.) Sri Satish Trivedi, Advocate appeared on behalf of Mahendra Pratap Singh and Gorakhnath Singh. He was assisted by Sri Arvind Kumar Singh-II and Sri Gyanendra Pratap Singh. Sri Rajul Bhargava, Advocate argued on behalf of Ramesh Kumar Singh. In three appeals learned A.G.A. Sri A.N. Mulla represented and argued on behalf of State.