S.N.Aggarwal, J.

1. The appellants were convicted and sentenced by the learned trial Court vide judgment dated 14.5.2004 for having committed offences punishable under Sections 302/201/34 IPC.

2. According to the prosecution case, Hari Singh, complainant, Shish Ram and Hoshiar Singh (now deceased) were real brothers. Sheela Devi appellant is the wife of Hoshiar Singh and out of this wedlock, two daughters were born. The elder daughter was marred and the younger was only about 6 or 7 years at the time of occurrence. Hoshiar Singh was a simpleton. Sheela Devi appellant wife of Hoshiar Singh developed illicit relations with Manohar Lal, appellant about two years prior to the occurrence. About one year before the occurrence, Sheela Devi got transferred 2-3/4 killas of land of the share of her husband Hoshiar Singh in her name and thereafter the said land was sold by her under the influence of her paramour Manohar Lal and her brother Lakhmi Chand. Hoshiar Singh was perturbed because of illicit relations of his wife Sheela Devi appellant with Manohar Lal appellant and also because of sale of land by Sheela Devi. There used to be quarrel between Hoshiar Singh on the one hand and his wife Sheela Devi, Manohar Lal and Lakhmi Chand on the other.

3. On 21.3.2002, Sheela Devi, her brother Lakhmi Chand and her paramour Manohar Lal set Hoshiar Singh on fire as he was an obstacle for them. Hari Singh learnt about this occurrence on 21.3.2002 in the evening. Then, Hari Singh complainant called his brother Shish Ram who resided in village Harchandpur. He also made enquiries about the incident at his own level. Thereafter on 22.3.2002 Hari Singh left his brother Shish Ram near the dead body of Hoshiar Singh which was lying in his house and he himself proceeded towards the Police Station but the police met him on the way and statement of Hoshiar Singh was recorded and the present case was registered.

4. Lakhmi Chand died during the investigation while Manohar Lal and Sheela Devi appellants were challaned.

5. Charge under Sections 302/201/34 IPC was framed by the learned trial Court against the appellants to which they pleaded not guilty and claimed trial.

6. In support of its case, the prosecution examined in all 14 witnesses. Out of them, Dr. Rajesh Kumar Sharma, PW-8, Shish Ram, PW-6, Hari Singh, PW-7, SI Raj Pal, PW-10, Attar Singh, PW-11 and Birma, PW-12 are very material.

7. In this statement recorded under Section 313 Cr.P.C. Manohar Lal appellant claimed to be innocent and pleaded false implication while Sheela Devi appellant took a plea that she and her husband Hoshiar Singh had filed a civil suit against Shish Ram and his two brothers which was still pending in the Court. It was also pending at the time of occurrence and on account of civil litigation, she has been falsely implicated in this case.

8. However, the accused led no defence evidence.

9. On the basis of this evidence, the learned trial Court convicted both the appellants for having committed offences punishable under Sections 302 and 201 read with Section 34 IPC vide judgment dated 11.5.2004. Each of them was sentenced to undergo life imprisonment and fine amount of Rs. 2,000/- was imposed on each of them under Section 302 read with Section 34 IPC. In default of payment of fine, they were to further undergo rigorous imprisonment for a period of one year each. Both the appellants were also sentenced to undergo rigorous imprisonment for a period of five years and a fine amount of Rs. 1,000/- was imposed on each of them under Section 201 read with Section 34 IPC. In default of payment of fine, they were to further undergo rigorous imprisonment for a period of six months each.

10. Hence the present appeal.

11. We have gone through the evidence with the help of Mr. N.K. Sanghi, learned counsel for the appellants and Mr. Bijender Dhankar, learned A.A.G Haryana for the State. We have also given our anxious thought to the evidence led by the prosecution and the submissions ma