JUDGMENT

Dr. B.S. CHAUHAN, J.

1. This appeal has been filed by the State of U.P. against the judgment and order dated 29.8.2003, passed by the High Court of Allahabad in Criminal Appeal No. 1919 of 1981, reversing the judgment dated 24.8.1981, passed by the Additional Sessions Judge, Badaun, in Sessions Trial No. 251 of 1979 (Crime Case No. 10 of Police Station: Binawar, District: Badaun), whereby the trial court had convicted and sentenced the respondents to life imprisonment under Section 302, read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’).

2. Facts and circumstances giving rise to this appeal are that:

A. On 7.1.1979 at about 8.45 P.M., respondents Munshi and Gobardhan had created a small drainage through the fields belonging to Rameshwar and Kandhari of their village. Rameshwar and Kandhari had come there and objected to the same. A scuffle broke out between them, and at that time, Jagan (since deceased) happened to pass through the said area, riding on the back of a horse. He had then intervened in the matter and asked both the parties not to fight. All of them had then proceeded towards the village. The accused Munshi and Gobardhan had