- (1.) The arguments of this appeal was concluded on 08.11.2016, when, following order was passed by us: Heard Shri Anirudh Upadhyay, learned counsel for the appellants nos. 2 and 3 Makhna and Smt. Chunbadiya @ Chunbadi and Shri Saghir Ahmad and Sri J.K. Upadhyay, learned A.G.As. for the State and perused the record. Learned counsel for the appellants submits that appellant no. 1 Matadin has died, therefore, appeal against him may be abated. In view of above, appeal against appellant no. 1 Matadin stands abated. We will give reasons later but we make the operative order now. The appeal is allowed. The impugned judgement and order dated 22.2.1995 passed by the Sessions Judge, Banda in Sessions Trial No. 9 of 1994; State v. Matadin and others , convicting the appellants and sentencing them to life imprisonment under Section 302/34 IPC is hereby set aside. The appellants are acquitted of all the charges framed against them. Appellant no.3 Smt. Chunbadiya @ Chunbadi is in jail, she shall be released forthwith unless and until she is wanted in any other case. Since the appellant no.2 Makhna is on bail, his bail bonds are cancelled and sureties are discharged. There shall, however, be no order as to cost. Here are the reasons:
(2.) The instant criminal appeal is directed against judgment and order of conviction dated 22.2.1995 passed by Sessions Judge, Banda in Sessions Trial Number 9/1994 State v. Matadin and Others , whereby the present/surviving appellants Makhna and Smt. Chunbadiya @ Chunbadi have been sentenced to life imprisonment under section 302/34 IPC.
(3.) Smt. Dulariya the informant lodged written report at police outpost Khurhand, District Banda at 5:30 p.m. on 06/07/1993 regarding the incident in question that took place the very same day at 3:30 p.m. at village Makri, 4 kms. away from Police outpost Khurhand (Police station-Girwan) with allegations that she and accused Matadin are neighbours and their houses are located near to each other's house. Today, on 06/07/1993, it was around 3:30 p.m., Matadin, his son Makhna and Bhabhi Chunbadiya @ Chunbadi were constructing wall towards the place which is left in between their houses used as drainage and they tried to extend and construct the wall encroaching upon land of the first informant, which was objected by the first informant's husband, which infuriated Matadin, his son Makhnna and Bhabhi Chunbadiya @ Chunbadi. They started abusing. Informant's husband asked them not to extend abuses. Amid such hue and cry, the first informant and villagers Ramdin, Bhaiyadin and informant's daughter Bhuri along with others arrived on the spot. They also asked Matadin not to behave in such a manner. The accused persons lost temper and all the three with intention to kill, beat the informant's husband with stone due to which he died on the spot. All the three accused persons made their escape good towards village Nai. It was also stated that the dead body was lying on the spot. Report be lodged and action be taken. This written report is Exhibit Ka-1.;