Hon’ble P.K.S. Baghel, J.—This appeal is preferred by three appellants, Nathu Lal, Chhatrapal and Tauley Ram against their conviction and sentence under Section 302 I.P.C. and Section 324 I.P.C. by the Special Additional Sessions Judge, Pilibhit. They have been sentenced and convicted under Section 302 I.P.C. to life imprisonment and for two years R.I. under Section 324 I.P.C.. The appeal was entertained on 15.2.1983 and all of them were enlarged on bail by this Court. During the pendency of the appeal two appellants, namely, Chhatrapal and Tauley Ram died. This Court vide its order dated 16.5.2012 abated the appeal in respect of the aforesaid two accused appellants.

2. The accused appellants and complainant are from the rural background. They are small farmers and none of them have any criminal history. The incident in which one person was killed by gunshot injury by one of the accused appellants Nathu Lal occurred due to the dispute of irrigation of their fields.

3. The material facts are briefly stated as under:

4. The P.W.-1 Natthu Lal son of Chheda Lal submitted a written complaint on 10.7.1979 at the Police Station Bisalpur on the basis of which a chik First Information Report was prepared and the First Information Report was registered at 10:20 a.m.. The written complaint is Exh. Ka-1. In his complaint he has mentioned that he has a compact chak of 19 bigha land towards western side of railway line. Towards south of his field Jhanjhan Lal’s 58 bighas of land is situated adjacent to his field. The agricultural field of Jhanjhan Lal is at slightly lower level than the land of the complainant.

5. In front of filed of Jhanjhan Lal there is a culvert under the railway line from which the rainwater flows from west to east. The railway line runs towards North-South. The agricultural field of the complainant and the Jhanjhan Lal is parallel to the railway line hence the water flowing from culvert makes it way over the agricultural filed of Jhanjhan Lal. This flow of the rainwater damages the crop of Jhanjhan Lal. Jhanjhan Lal wanted that this water may be diverted by constructing a small water channel between the boundary of the complainant and Jhanjhan Lal’s field.

6. In this respect Jhanjhan Lal has made a request to father of the complainant to part with his some land for the construction of water channel so damage to his crop may be minimized but father of Nathu Lal whose land was at the higher level and was unaffected with rainwater flow from the culvert, refused to oblige him. It was stated in the F.I.R. that due to the said reason Jhanjhan Lal was nursing grudges against the complainant. It is stated that due to the said reason Jhanjhan Lal in order to harm the complainant’s field, filled the earth in the small water canal which runs from south to north parallel to their field with a view to damage his paddy crop.

7. On the date of the incident in the morning the first informant, his father Chheda Lal and two uncles Ramcharan and Chiraunji Lal went to their field and they cut the water canal so that the water was diverted on the railways land which was lying between the railway line and their field so they may divert this water to their field. At that time Jhanjhan Lal and his son Chhatra Pal were irrigating their field from the water channel. When the complainant’s father cut the water channel to divert it on railway land so that they may utilize the water after their paddy field, Chhatra Pal got agitated and he uttered loudly that how you have mustered courage to divert the water from his field to railway field and he will face consequence. After threatening them he went to village. In the meantime the complainant moved from the field and sat near the railway line and was talking to Jhanjhan Lal. At about 9:00 a.m. Chhatra Pal returned on the spot alongwith Nathu Lal who was armed with rifle, Tauley armed w