Pradeep Kumar Singh Baghel, J. - (1.) This appeal is preferred by three appellants, Nathu Lal, Chhatrapal and Tauley Ram against their conviction and sentence under Section 302 I.P.C. and Section 324 I.P.C. by the Special Additional Sessions Judge, Pilibhit. They have been sentenced and convicted under Section 302 I.P.C. to life imprisonment and for two years R.I. under Section 324 I.P.C.. The appeal was entertained on 15.2.1983 and all of them were enlarged on bail by this Court. During the pendency of the appeal two appellants, namely, Chhatrapal and Tauley Ram died. This Court vide its order dated 16.5.2012 abated the appeal in respect of the aforesaid two accused appellants.
(2.) The accused appellants and complainant are from the rural background. They are small farmers and none of them have any criminal history. The incident in which one person was killed by gunshot injury by one of the accused appellants Nathu Lal occurred due to the dispute of irrigation of their fields.
(3.) The material facts are briefly stated as under:;