By the Court.—The arguments of this appeal was concluded on 8.11.2016, when, following order was passed by us:

Heard Shri Anirudh Upadhyay, learned counsel for the appellants Nos. 2 and 3-Makhna and Smt. Chunbadiya @ Chunbadi and Shri Saghir Ahmad and Sri J.K. Upadhyay, learned A.G.As. for the State and perused the record.

Learned counsel for the appellants submits that appellant No. 1 Matadin has died, therefore, appeal against him may be abated.

In view of above, appeal against appellant No. 1 Matadin stands abated.

We will give reasons later but we make the operative order now.

The appeal is allowed. The impugned judgement and order dated 22.2.1995 passed by the Sessions Judge, Banda in Sessions Trial No. 9 of 1994; State v. Matadin and others, convicting the appellants and sentencing them to life imprisonment under Section 302/34 IPC is hereby set aside.

The appellants are acquitted of all the charges framed against them. Appellant No. 3-Smt. Chunbadiya @ Chunbadi is in jail, she shall be released forthwith unless and until she is wanted in any other case. Since the appellant No. 2-Makhna is on bail, his bail bonds are cancelled and sureties are discharged.

There shall