- (1.) All the three accused/appellants are assailing order/judgment dated 27.1.2009 passed by Additional Sessions Judge, Fetehabad in Sessions Trial No.39-ST of 14.11.2007 (FIR No.254 dated 23.4.2006 under Sections 302/34 IPC, P.S. City Fatehabad), whereby learned trial Judge has found them guilty for an offence punishable under Section 302 IPC read with Section 34 IPC and has sentenced all the three accused to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-each and to further undergo rigorous imprisonment for a period of two months, in case of non-payment of fine.
(2.) Brief facts of the present case inter alia are that on 22.4.2006 accused Dhanni Devi and her husband Chand Ram came to the house of complainant Ravi Parcha son of Smt. Lali Devi and asked Smt. Lali Devi (real sister of accused Dhanni Devi) to come to their house in Anaj Mandi Fatehabad, on the next morning for the purpose of going to Dadri; Lali Devi along with Sonu went to the house of the accused on the next morning at about 8.00 a.m.; at about 10.00 a.m. Sunil Kumar, who is real uncle of Ravi Parcha, came to the house of Ravi Parcha and told him that he had received a telephonic message from Jitender son of Chand Ram that Lali Devi has suffered heart attack, therefore, they should immediately reach to Singla Hospital, Bhattu road, Fatehabad; having received information from Sunil Kumar, Ravi Parcha complainant along with his uncle Sunil Kumar and his brother Subhash reached Singla Hospital, Fatehabad, where they found Smt. Lali Devi having injuries marks around her neck and upon her face lying dead in front of the Singla Hospital, Fatehabad; accused Dhanni Devi and her son accused Jitender were standing near the dead body, however, immediately thereafter fled from the spot; Ravi Parcha along with his uncle Sunil Kumar took the dead body of the deceased Lali Devi to the Civil Hospital, Fatehabad. An FIR was got registered with Police Station City Fatehabad on 23.4.2006 at 2.05 p.m. narrating entire above-mentioned events and further stating that Chand Ram his wife Dhanni Devi and son Jitender residents of Grain Market, Fatehabad, after hatching conspiracy, have killed Lali Devi by strangulation and by administering sulphas (poison); motive for murder was dispute regarding landed property pending in the maternal family of the complainant.
(3.) We have heard Mr. R.N. Kush, learned counsel for the appellants and Mr. Vinod S. Bhardwaj, learned Additional Advocate General, Haryana, and have carefully perused the record.;