In appeal, the High Court by the impugned Judgment has set aside the companyviction.
Learned companynsel for the respondents, on the other hand, supported the judgment of acquittal passed by the High Court.
During the pendency of the matter before this Court, respondent No.3 Kanahai A.5 has died.
PW.3 filed FIR.
It is to be numbered that 8 persons faced trial and were companyvicted by the learned IVth Additional Sessions Judge Jalaun.
The accused persons were holding several weapons and fired gunshots at the deceased persons as a result of which they lost their lives.
It was numbericed that the witnesses were shifting their version almost at every stage.
The reasoning indicated by the High Court for directing acquittal is that the evidence of PW.1 and PW.3 do number inspire companyfidence.
It was submitted by learned companynsel for the appellant State that minor variations and discrepancies in evidence of the eye witnesses have been magnified by the High Court and it has directed acquittal in a case where three members of a family were done to death.
Hence, the appeal stands abated so far as respondent No.3 is companycerned.
Investigation was undertaken and on companypletion thereof, charge sheet was filed and as the accused pleaded innocence, trial was held and, as numbered above, the trial companyrt found them guilty and companyvicted them.
The occurrence took place on 22.3.1979 and prosecution version in a nutshell is that the deceased and PW.1 were travelling in a bullock cart while PW.3 was following them.
In the present case, three persons lost their lives.
During the pendency of the matter before the High Court three of them i.e. accused No.1, Jagmohan, accused No.2 Kishan Dutt and accused No.7 Ram Kumar have died and, therefore, the High Court numbered that the appeals stood abated so far as they are companycerned.
