Ashok Bhan, J. - (1.) One Sarwan Singh was murdered on June 20, 1970; Karnail Singh, deceased, represented by his legal heirs and Zora Singh, defendant No.2 were accused for the said murder. Both the accused were tried by the Sessions Judge, Ludhiana, who vide his judgment dated October 30, 1970 convicted Karnail Singh deceased under Section 302 IPC and sentenced him to death and acquitted defendant No.2 Zora Singh by giving him benefit of doubt. In appeal preferred by Karnail Singh deceased, punishment awarded to him was reduced from death to life by the High Court.
(2.) The present suit has been filed by Dalip Kaur widow of Sarwan Singh, Bant Singh and Nirmal Singh sons and Sukhdev Kaur minor daughter of the deceased for the recovery of Rs. 60,000/- as damages and compensation. It was alleged in the plaint that Bant Singh, Nirmal Singh and Sukhdev Kaur, plaintiffs were minor at the time of filing the suit. Sarwan Singh was stated to be 48 years of age at the time of his death. Sarwan Singh was killed near his threshing floor where he was sleeping along with Sukhdev Singh. Sukhdev Singh heard the cries of Sarwan Singh and woke up and saw the accused causing injuries. On his raising Raula, Jit Singh and Malkiat Singh were attracted to the threshing floor of Sarwan Singh and saw the accused running away from the scene of occurrence with their kirpans. The report was lodged at Police Station Sahnewal by Jit Singh. ASI Pritam Singh reached the scene of occurrence and held the inquest and despatched the dead body of Sarwan Singh to Ludhiana for postmortem examination.
(3.) The motive for the murder was alleged to be a dispute with regard to some land between the deceased Sarwan Singh and Karnail Singh accused (since deceased) and his brother Darbara Singh who had filed a suit for recovery rent against Sarwan Singh deceased, but they failed in their claim in the trial Court as well as in the courts of appeal and revision. The income of Sarwan Singh deceased was stated to be 8,000/- per year from cultivation. It was stated that he had some other sources of income as well like cattle business and truck business. The plaintiffs had alleged that they suffered loss being the dependents of the deceased for their livelihood and that they were without any source of income. A sum of Rs. 60,000/- was claimed as damages and compensation from the defendants-appellants under the fatel Accidents Act for the alleged murder of Sarwan Singh.;