(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.) LAKHMI Chand died during the investigation while Manohar Lal and Sheela Devi appellants were challaned.