H.K.Sema, J.

This appeal by special leave is preferred by the State against the judgment of the High Court whereby and whereunder the sentences and convictions imposed by the Trial Court have been set-aside by allowing the appeal, preferred by the accused.

2. The accused Mishrilal s/o Balmukund Jaiswal, Madhusudan s/o Mishrilal, Jamunaprasad s/o Mishrilal, Radhakishan s/o Ganpat Kalal, Vinod Kumar s/o Babulal Kalal, Hukumchand s/o Shankerlal Kalal, Jagdish s/o Shankarlal Kalal, Rajendrakumar s/o Babulal Kalal and Ashok Kumar s/o Mishrilal Kalal were tried in Session Trial No. 73 of 1987 whereby the Second Addl. Sessions Judge, Devas convicted accused Ashok under Sections 302, 307 read with Sections, 149 and 148 IPC and Section 25 of Arms Act; accused Jamunaprasad under Sections 307, 302 read with Sections 149 and 148 IPC and the remaining accused under Section 302 read with Sections 149, 307 read with section 149 and section 148 of the IPC and sentenced all the accused to pay a fine of Rs. 250/-0 each and in default to undergo imprisonment for one month under Section 148 IPC, sentenced accused Ashok to suffer imprisonment for life under Section 302 IPC and to pay a fine of Rs. 250/- and in default to suffer three months imprisonment and to suffer RI for five years under Section 307 read with Section 149 IPC and to suffer RI for three years and to pay a fine of Rs.200/- and in default to suffer one month imprisonment under Section 25 of the Arms Act, sentenced accused Jamnaprasad to suffer RI for five years under Section 307 and imprisonment for life under Section 302 read with Section 149 IPC and to pay a fine of Rs. 250/ and in default to suffer three months imprisonment and sentenced remaining 7 accused to suffer imprisonment for life and to pay a fine of Rs. 250/- each and in default to suffer imprisonment for three months under Section 302 read with Section 149 IPC and to undergo RI for five years under Section 307 read with Section 149 IPC.

3. During the pendency of this appeal, accused Mishrilal has expired and therefore, the appeal qua him stands abated.

4. The apple of discord, as revealed by the prosecution story, was over a trivial about the passing of bullock-cart. The bullock-cart of Babulal (PW-1) being driven by his servant Patiram (PW-3) was stopped by the accused in front of the house of Mishrilal (since deceased) . Babulal, thereafter, reversed the bullock-cart, brought back his bullock-cart and reached his house by another route. At that time Maharaj Singh (PW-2) , uncle of Babulal (PW-1) , Bhavarsingh (the deceased) , grand-father of Babulal and Gopal (PW-7) and others were sitting in front of the house of Babulal, who questioned as to why the bullock-cart had to be brought back by different route and at this Babulal narrated to them the story of stoppage of bullock-cart by the respondents. At this moment, accused Mishrilal armed with a Farsi, Jamunaprasad armed with a twelve borne gun, accused Ashok Kumar with a desi Katta and rest of the accused-persons having lathis with them came near the house of Babulal hurling abuses, followed by heated exchange of words between both the sides. Then all of a sudden Jamunaprasad fired a gunshot at Babulal. The pellets hit him in his legs. The deceased Bhavarsingh, grandfather of Babulal tried to save him and stood in front of Babulal, when accused Ashok Kumar fired at him with the desi Katta hitting him on the chest. The deceased fell down on the ground and become unconscious. PW-2 Maharaj Singh and Karan Singh PW-4 also came to save Babulal but accused Jamunaprasad fired again hitting Maharaj Singh and Karan Singh. Accused Madhusudan assaulted Babulal by the lathi hitting him on the right shoulder. On raising hue and cry, the accused fled away. The deceased Bhavarsingh was taken to Kannaud Hospital where he was declared dead. Injured Babulal, Maharaj Singh and Karan Singh were admitted in the hospital and treated. Dr. G.D. Kashyap (PW-6) , sent intimation to Police Stati