Hon’ble Bharat Bhushan, J.—Surviving appellants Ram Vishal Singh and Raj Bahadur Singh have been convicted under Sections 148, 304 and 149 of Indian Penal Code (In short I.P.C.) and sentenced to undergo life imprisonment under Section 304 read with Section 149 I.P.C. and rigorous imprisonment of one year under Section 148 I.P.C. vide judgment and order dated 18.3.1983 passed by VIIIth Additional Sessions Judge, Kanpur in Sessions Trial No. 222 of 1981 (State v. Ram Autar and others) arising out of Crime No. 46 of 1980 P.S. Musa Nagar, District Kanpur.

2. Appellant No. 1 Ram Autar Singh has died, therefore, his appeal stand abated in view of the order dated 19.5.2016 of this Court.

3. Prosecution story in brief is that one revenue case was pending between Munna Singh and Mukta Singh in the Tehsil Ghatampur. Deceased Harnam Singh was the Pairokar of Munna Singh while appellants Raj Bahadur Singh, Ram Vishal Singh and late appellant Ram Autar Singh were supporting Mukta Singh. Deceased Harnam Singh had also quarreled with appellants regarding some water dispute, one year prior to the incident. On day of occurrence i.e. on 28.3.1980 at about 5 p.m.. informant Nathu Singh (P.W.