MEHTAB S.GILL, J

1. We will be deciding Murder Reference No. 1 of 2009 and Criminal Appeal No.268-DB of 2009 by the same order/judgment, as they arise out of the judgment/order dated 2.3.2009/6.3.2009 of the learned Additional Sessions Judge, Yamuna Nagar at Jagadhri, convicting Neel Kumar @ Anil Kumar son of Som Nath under Sections 302/376(2)(f)/201 IPC. Under Section 302 IPC, Neel Kumar @ Anil Kumar was awarded the death sentence. Under Section 376(2)(f) IPC, he was sentenced to undergo life imprisonment and to pay a fine of Rs.2,500/-, in default to further undergo R.I. for three months. Under Section 201 IPC, he was awarded the sentence for three years and to pay a fine of Rs. 1,000/-, in default to further undergo R.I. for one month.

2. The learned trial Court in its wisdom acquitted Ramesh Kumar, Lakha, Tejbir and Gunga, all sons of Natha and convicted Neel Kumar alias Anil Kumar. State has not filed any appeal against their acquittal.

3. The case of the prosecution is unfolded by the application Ex.P5 of Roopa Devi w/o appellant Neel Kumar given to Inspector Suraj Bhan at Shiv Chowk, Bilaspur.

4. Roopa Devi stated in her application Ex.P5, that Neel Kumar alias Anil