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 Indian Penal Code. 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 Narain's 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.;