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This order will dispose of Criminal Appeal Nos.878-DB, 880- DB, 922-DB of 2006 and Criminal Revision No.464 of 2007 which was ordered to be heard along with Criminal Appeal No.880-DB of 2006.

Criminal Appeal No.880-DB of 2006 filed on behalf of the appellant-Hitesh stands abated since he died on 19.5.2008 while on parole.

The aforementioned appeals have been filed by Raj Roop son of Balbir Singh and Kuldeep son of Mahender Singh both residents of village Kasandi, District, Sonepat ( accused-appellants No.1 and 2 in Crl. A. No.878-DB of 2006) and Smt. Kamla wife of Amar Singh resident of village Sardhana, District Sonepat (accused-appellant in Crl. A. No.922-DB of 2006) against the judgment and order dated 30.10.2006/1.11.2006 of the learned Additional Sessions Judge, Sonepat, convicting the accused- appellants (for short "appellants") for the murder of Amar Singh and sentencing them as follows:

Note.1: At the outset it may be mentioned that evidence recorded at the trial between 15.1.2003 and 29.5.2003 is not to be considered as evidence in view of the order passed by this Court vide order dated 29.5.2003 when the matter was transferred from one Court to another. Therefore, the cross examination of witnesses recorded between the aforesaid dates stand washed out.

Note.2: Accused-appellant/Kamla (in Criminal Appeal No.922-DB of 2006) was wife of the deceased Amar Singh. Accused-appellant/Hitesh (in Criminal Appeal No.880-DB of 2006) is the son of Kamla's sister and was resident of village Kasandi, District Sonepat. Kamla and Satwanti are sisters and Hitesh is a son of Satwanti.

In support of the prosecution case, as many as 14 witnesses were examined. Complainant Jagminder appeared as PW-1 to substantiate evidence of last seen. Jeet Singh and Satbir Singh appeared as PW-2 and PW-3. Jeet Singh-PW-2 supported his version of having last seen his brother Amar Singh in the company of the accused. Satbir Singh-PW-3 was witness to the extra judicial confession made by Kamla. The medical evidence of Dr. Varsha-PW-4, Medical Officer, Civil Hospital, Sonepat was recorded in support of the autopsy report. Two life insurance policies of Amar Singh were produced on record as Exbs.PD and PE of Rs 50,000/- each contracted in 1999 and 2001respectively.

It has also come in evidence that after the arrest of Kamla, her children being young, the brothers of Amar Singh took his buffaloes into their possession so it cannot be disputed that Amar Singh was in the business of keeping cattle and, therefore, it may not have been unusual for him to have gone away to purchase cattle. Learned counsel for the appellants would also point out from the medical evidence of PW-4 Dr. Varsha, MO Civil Hospital, Sonepat that it has come in her cross examination that it is correct that rope Ex.P1 is made of jute fibre. The ligature mark found on the neck of Amar singh could be caused by silk or nylon material also and therefore, there is no conclusive evidence of the rope, exhibited on record, as having been the murder weapon. There is also no concrete evidence of criminal conspiracy between Kamla and the remaining appellants or that there was common intention.