(Delivered by Hon'ble Pratyush Kumar, J.)

State of U.P. has filed Govt. Appeal No.952 of 1985, State of U.P. Vs. Karan Jit Singh alias Ladi and others, under section 378, Cr.P.C. whereby validity of judgment and order dated 12.12.1984 passed by Shri Uma Shankar Gupta, District and Sessions Judge, Bareilly in S.T. No.37 of 1984 has been challenged. By the impugned judgment and order respondent/accused Karan Jit Singh was acquitted of the offences punishable under sections 302/34, 307/34, 323/34, IPC whereas respondent nos.2 & 3 Smt. Sheelwanti and Smt. Bhagwant Kaur were acquitted of the offences punishable under sections 302/34 and 307/34, IPC. though these two respondents were convicted under section 323, IPC and sentenced to pay Rs.200/- each, failing which they were directed to suffer one month's rigorous imprisonment.

Criminal Appeal No.3250 of 1984 has been directed against the same judgment and order dated 12.12.1984 whereby the accused-appellant Balwant Singh was convicted under sections 302/307/323, IPC and sentenced to undergo imprisonment for life, 7 years R.I. and a fine of Rs.200/- and in default further to undergo one month's R.I. respectively. Rest two appellants were convicted under Section 323, IPC and sentenced to pay a fine of Rs.200/- each and in default thereof to undergo one month's R.I.

At the very outset, it would be appropriate to put on record that the accused Karanjeet Singh alias Ladi, Smt. Sheelwanti, wife of Balwant Singh, and Balwant Singh have all died which stands recorded in our order dated 20.3.2015 passed on the application of Bhagwant Kaur dated 20.3.2015 moved through Sri Shiv Shanker Gupta, the learned amicus curiae, which facts have not been disputed by the learned Addl. Government Advocate. It may be placed on the record that Balwant Singh died in September 1993, Karanjeet Singh alias Ladi died on 2.3.1993 and Smt. Sheelwant died in August, 1993. In the aforesaid background, the appeals stand abated against the aforesaid accused who have died. Consequently, the appeal only on behalf of Bhagwant Kaur and against her by the State survives.

Since both the appeals arise out of the same judgment and order dated 12.12.1984 delivered in S.T. No.37 of 1984, we propose to dispose of both the appeals by a common judgment.

According to prosecution story, Smt. Vidyawanti, wife of the deceased Pritam Singh and mother of injured Avatar Singh, resident of village Badshahnagar, P.S. C.B. Ganj, District Bareilly gave an FIR to the Station Officer of P.S. concerned stated therein that on 30.10.1982 at about 5 p.m. accused Sheelwanti and Bhagwant Kaur had an altercation with the deceased Pritam Singh, who was not permitting them to irrigate their field by taking water through nali passing through his khet. Sheelwanti started to strike the pumping set, of deceased Pritam Singh, installed there with iron handle. Accused Balwant Singh, husband of Sheelwanti and father of Bhagwant Kaur arrived there in the meantime. The altercation turned into scuffle between them, Sheelwanti struck handle on the head of Pritam Singh, Balwant Singh and Bhagwant Kaur also beat Pritam Singh, who was defending himself by lathi. Avatar Singh with his brother-in-law Dilip Singh and servant Hari Singh, working in a nearby field also reached there. Accused Karan Jit Singh alias Ladi came there armed with double barrel gun with belt of cartridges and handed them over to his father, accused Balwant Singh. On the exhortation of his son Karan Jit Singh alias Ladi, wife Sheelwanti and daughter Bhagwant Kaur, Balwant Singh fired twice on deceased Pritam Singh. In the firing along with Pritam Singh, Avatar Singh was also injured. Balwant Singh again fired on her son. Wife of Karan Jit Singh alias Ladi, Jasvir Kaur came to the rescue of the injured and the first informant. Incident was seen by her servant Hari Singh Nepali, Dilip Singh. Her husband Pritam Singh died due to gun shot injuries. Vidyawanti took her injured son on cart