JUDGMENT

R. BANUMATHI, J.

These appeals arise out of the judgment of the High court of Madhya Pradesh in Criminal Death Reference No.2 of 2008 in and by which the High Court has allowed the appeal filed by the respondents-accused thereby acquitting the respondents-accused under Section 302 IPC and setting aside the death penalty awarded to the respondents/accused and his son accused Akhilesh by the trial court.

2. During the pendency of these appeals, respondent No.2-Akhilesh had died and by the order dated 28.02.2017, the appeal against respondent No.2 was dismissed as abated.

3. Briefly stated case of the prosecution is that on 20.02.2006 at about 12.00-12.30 p.m., Kesar Bai (PW-1), her daughter-in-law deceased Phoolwati and grandson Rinku aged three years were going towards the field to cut the mustard crop. Deceased Ganeshi Bai who was the daughter of Kesar Bai (PW-1) and deceased Ganga Singh who was the son of the jeth of Ganeshi Bai were little ahead to them. As soon as Kesar Bai reached near Madhawala Danda on the public way, she heard the sound of four to five gun-shots fired and saw the accused firing at Ganga Singh and Ganeshi Bai. Thereafter, accused Chhaakki Lal and his