Judgment K.S.Garewal, J. 1. Bedu. @ Bed Parkash of Giaspur, Tehsil and District Sonipat, along with his sons Rajpal, Yoginder and Krishan Pal and son-in-law Anand and wife Sarma Kaur were tried for the murder of widow wife of Jai Narain (PW-10) of their village. The learned trial Judge vide judgment dated March 15, 2005 acquitted Sarma Kaur and convicted widow and his sons and son- in-law for offences under Sections 148, 452/149 and 302 IPC. All the accused were sentenced to rigorous imprisonment for life and other lesser sentences including fine. They have filed this Joint appeal to challenge their conviction and sentences. 2. On the morning of July 5, 2003, a Quarrel had taken place between Rajpal accused-appellant and Jai Narains son Satish, it had been more of an oral slinging match (too too mai mai) but the outcome was not physically violent. 3. Later in the same evening at 6 p.m. when Jai Narain (PW-10), his wife Bedo and daughter-in-law Kavita (Wife of his son Satish) were present in the house, Bedu @ Bed Parkash along with his wife, sons and son-in-law entered their house. At that time, Bedu @ Bed Parkash, Rajpal, Krishan Pal and Sarma Kaur were armed with lathies. Yoginder was armed with gandasi and Anand was armed with a knife. Bed Parkash raised an alarm and started abusing the deceased for having harassed them and exhorted his co-accused to eliminate her. The deceased was caught hold from behind by Sama Kaur. All the accused started punching her while Anand stabbed her in the abdomen. After she fell down, the accused took her to be dead and left the spot. The occurrence was also witnessed by Kavita (PW-13). Injured Bedo was evacuated to General Hospital, Sonepat by her husband Jai Narain and was medico-legally examined at 9.15 p.m. at General Hospital, Sonipat by Dr. A.S.Ahlawat (PW- 8). Dr. Ahlawat found the following injuries on Bedo :- 1. Incised wound 8 cm x 1 cm over anterior abdominal wall right side obliquely placed, clotted blood was present x-ray abdomen and ultrasound abdomen and surgeon opinion was advised. 2. Incised wound 5 cm x 0.75 cm over anterior abdominal wall left side. Muscle deep, clotted blood was present. 4. Both the injuries were simple in nature. The Medical Officer sent intimation to the police regarding the admission of Bedo at General Hospital, Sonipat, with stab wounds. 2. Incised wound 5 cm x 0.75 cm over anterior abdominal wall left side. Muscle deep, clotted blood was present. 4. Both the injuries were simple in nature. The Medical Officer sent intimation to the police regarding the admission of Bedo at General Hospital, Sonipat, with stab wounds. The information was dispatched at 9.15 p.m. On receiving this information, ASI Ranjit Singh (PW-17), In-charge Police Post Mimarpur, reached the hospital and sought permission to record Bedos statement at 9.30 p.m. The Medical Officer opined that she was unfit to make the statement. ASI then recorded the statement of Jai Narain (PW-10). The statement was sent to Police Station, Murthal, and on the basis of that statement, F.I.R. under Sections 148, 149, 324 and 452 I.P.C. was registered against all the accused. 5. Bedo died on July 6, 2003 and the case was then converted into one under Section 302 etc. I.P.C. On getting information about the death of Bedo, ASI Ranjit Singh went to General Hospital, Sonipat where the dead body was lying and prepared the inquest report. Thereafter, dead body was sent for the post-mortem which was conducted by a Medical Board consisting of Dr. Alankrita Gera (PW-4) and Dr. Rajiv Sethi. The following injuries were found on the person of the deceased: 1. Incised wound of size 8 x 2.5 cm present on right upper abdomen obliquely placed extending from anterior auxiliary line at level of costal margin downwards and interiorly clotted blood present in wound. On exploration wound is going posteriorly and medially entering peritoneal cavity piercing the right lobe of liver on anterior surface going deep in liver tissue. Whole of abdominal cavity contains partially clotted blood. 2. Incised wound of size 5 x 1 cm present horizontally on left upper abdomen 2 cm beyond midline and below present around the wound." 3. Reddish abrasion of size 2 cm x 1 cm on front of middle of right leg (corresponding cuts present in karmiz corresponding to injuries No. 1 and 2). 6. In the opinion of the Medical Officer the cause of death of the deceased was shock and haemorrhage as a result of injury to the liver. The injuries were ante-mortem in nature sufficient to cause death in the ordinary course of nature. 6. In the opinion of the Medical Officer the cause of death of the deceased was shock and haemorrhage as a result of injury to the liver. The injuries were ante-mortem in nature sufficient to cause death in the ordinary course of nature. The time that elapsed between the injury and the death was within few hours and between death and post mortem was between 6 to 36 hours. 7. ASI Ranjit Singh (PW-17) had also inspected the spot and prepared the rough site plan of the spot. He lifted blood stained earth from the spot. The accused were arrested on July 7, 2003 by SI Satish Kumar (PW -18) who had taken over the investigation of the case. Bedu @ Bed Parkash, Anand, Sarma Kaur and Raj Pal were produced before SI Satish Kumar on July 7, 2003 and were taken into custody. On the next date they were interrogated and on the basis of their interrogation, Anand got his knife recovered from his house, Bedu @ Bed Parkash got his lathi recovered from the kotha of his tubewell. These recoveries had been made on the basis of their respective disclosure statements recorded. 8. Krishan Pal was arrested on July 10, 2003 and on the basis of his disclosure statement, a lathi was also recovered. 9. After completion of investigation, all the accused were sent up for trial. At the trial, charges were framed against the accused under for trial. Sections 148, 452, 149 and 302 IPC to which they pleaded not guilty and claimed trial. At the trial, the main witnesses examined by the prosecution were Satish Kumar (PW-1) with regard to the quarrel with Rajpal on July 5, 2003, Kirpa Ram (PW-3) with regard to the recoveries but this witness did not support the prosecution, Dr. Alankrita Gera (PW-4), Islam (PW-5), this witness also failed to support the prosecution case as regards the recoveries, Dr. A.S. Ahlawat (PW- 8), Jai Narain (PW- 10), Kavita (PW-13), ASI Mool Chand (PW-15), ASI Ranjit Singh (PW- 17) and SI Satish Kumar (PW-18). 10. After the conclusion of the `prosecution evidence, the accused were examined without oath under Section 313 CrPC. They denied the various items of incriminating evidence led by the prosecution and pleaded false implication. The learned trial Judge acquitted Sarma Kaur but convicted the 5 men. 11. 10. After the conclusion of the `prosecution evidence, the accused were examined without oath under Section 313 CrPC. They denied the various items of incriminating evidence led by the prosecution and pleaded false implication. The learned trial Judge acquitted Sarma Kaur but convicted the 5 men. 11. A minor quarrel between two men, cause of which was not known, led to the family of one of them invading the house of the other. In the fight that ensued middle aged women received two stab injuries and died after six hours. 12. The main question to be considered in this appeal is whether there was adequate corroboration of the eye-witness account by medical evidence. Dr. A.S.Ahlawat (PW-8) conducted the medico-legal examination of Bedo at 9.15 p.m. and found 2 incised wounds on the abdomen measuring 8 cm x 1 cm and 5 cm x 0.75 cm. in dimension. After Bedo died her post-mortem examination revealed that an incised wound on the upper side of the abdomen had entered the peritoneal cavity piercing the right lobe of liver, going deep in the liver tissue. This injury resulted in Bedos death. The other incised wound was a superficial one. The Medical Officer also noticed a reddish abrasion on the front of right leg. This was obviously the result of fall. Therefore, the picture that emerges in this case is that barring Anand, who had stabbed Bedo in abdomen, none of the other accused had used their weapons or inflicted any injury on the deceased. In such a situation, it cannot at all be said that there was medical corroboration with regard to the roles of Bedu @ Bed Parkash, Rajpal, Yoginder and Krishan Pal. 13. Both eye-witnesses stated that Sama Kaur caught hold the deceased from the behind and the accused had punched and kicked her but none of the accused used their respective weapons on the deceased. Under this situation, it is difficult to uphold the judgment of the learned trial Judge that all the accused formed an unlawful assembly and the deceased had been stabbed by Anand in prosecution of common object of the assembly. If at all there was an assembly, the common object of the assembly was never to murder the deceased but to simply teach her a lesson or browbeat her. It was Anand who had stabbed her twice in the abdomen. If at all there was an assembly, the common object of the assembly was never to murder the deceased but to simply teach her a lesson or browbeat her. It was Anand who had stabbed her twice in the abdomen. None of the accused had inflicted injuries on her, indeed Sarma Kaur was acquitted by the learned trial Judge. 14. Furthermore, the recoveries of the respective weapons from Bedu @ Bed Parkash, Rajpal and Krishan Pal cannot be believed as the witnesses to the recoveries had not supported the prosecution case. 15. Keeping in view the above facts, we find that the case against Bedu @ Bed Parkash, Rajpal, Yoginder and Krishan Pal had not been proved. Resultantly, this appeal is allowed qua the aforesaid accused and they are acquitted of the charge. They shall be released forthwith unless required in any other case. As regards Anand it stands established that he had stabbed Bedo twice with a knife in the abdorrun which led to injury to the liver and ultimately to Bedos death after about 7 hours. Medical corroboration as regards these injuries was present. Therefore, appeal qua Anand is without merit and is dismissed and his conviction and sentence are confirmed. Bedu @ Bed Parkash, Rajpal, Yoginder and Krishan Pal appellants are acquitted of the charge and should be released forthwith unless wanted in some other case.