R.L.ANAND,J - (1.) THIS is a defendants' appeal and has been directed against the judgment and decree dated 7.12.1978 passed by the Court of Sub Judge Ist Class, Dasuya, who granted a money decree for a sum of Rs. 30,000/- by way of damages against the defendants. The pleadings of the parties can be summarised in the following manner.
(2.) SMT . Karam Kaur, Smt. Dhian Kaur, Smt. Harbhajan Singh and Ms. Mohinder Kaur minor daughter of Pritam Singh, filed a money suit for a sum of Rs. 50,000/- and they claimed damages against the defendants for allegedly committing the murder of Shri Pritam Singh. The case set up in the trial Court was that plaintiffs No. 3 and 4 are minors and they have sued the defendants through their mother Shrimati Dhian Kaur plaintiff No. 2. Pritam Singh deceased was the son the plaintiff No. 1. Smt. Karam Kaur and was the husband of plaintiff No. 2 and father of plaintiffs No. 3 and 4. He belonged to village Atalgarh. The defendants had strained relations with aforesaid Pritam Singh and whenever they passed by the side of the house of Pritam Singh they used to abuse him openly. Pritam Singh deceased was annoyed by the misbehaviour of the defendants and therefore, with the help of a few friends he caught hold of defendant No. 2 Chain Singh. He took him to his house and kept him in illegal confinement in his house. On this case under Sections 324/342 IPC was registered against Pritam Singh and few others which ended into compromise between the parties but in spite of the compromise, the defendants had the grudge against Shri Pritam Singh. On 4.10.1970 Pritam Singh alongwith his mother was going on a bicycle to attend the marriage ceremony at village Zahidpur and when they reached near the village Ghalion, defendant No. 1 Bawa Singh and Balwant Singh defendant No. 4 came from behind on bicycles. They called Pritam Singh in a challenging manner. It was again protested by Shri Pritam Singh. Thereafter, Bawa Singh and Balwant Singh defendants passed ahead of Pritam Singh. In the meanwhile, two more persons Chanan Singh and Jagir Singh were also coming behind the cycle of Pritam Singh. When Pritam Singh and his mother Karam Kaur plaintiff No. 1 reached the turning of Kala Bag, Balwant Singh and Bawa Singh defendants got down from the cycles and stood in the way of Pritam Singh and stopped the cycle as a result of which Smt. Karam Kaur fell on the ground along with the cycle. Baba Singh then called Chain Singh and Gurbux Singh defendants No. 2 and 3 who were working in the nearby field saying that old enmity of Pritam Singh might be avenged then and there. All the defendants forcibly lifted said Pritam Singh to the field of Chain Singh where he had installed a flour mill. The occurrence was witnessed by Chanan Singh and Jagir Singh who had reached there by that time. Karam Kaur and said Chanan Singh and Jagir Singh followed the defendants. One Shangara Singh also reached there from the side of village Phirni and he too witnessed the occurrence. It is alleged that Shri Baba Singh defendant No. 1 was armed with lathi which has a spike and other defendants were armed with simple lathis. All the four defendants threw Pritam Singh on the ground near the flour mill and belaboured the said Pritam Singh collectively with their respective weapons inflicting as many as 21 injuries on his person. The eye witnesses who were present raised alarm to save Pritam Singh but without any effect. Smt. Karam Kaur plaintiff No. 1 informed the police and lodged FIR in police station Mukerian. The police of Police Station Mukerian registered a case against the defendants and investigation was done by SI Hazara Singh who reached the spot after a few hours of the occurrence. He sent Pritam Singh to the hospital for medical aid but Pritam Singh died near the hospital Mukerian as a result of fatal injuries received by him from the hands of the defendants.
(3.) AT the initial stage, case was registered under Sections 308/342 IPC and later on it was converted under Section 304 IPC and after the death of Shri Pritam Singh it was converted into under Sections 302/34 of the Indian Penal Code. After concluding the trial, the learned Sessions Judge convicted the defendants under Sections 302/34 of the Indian Penal Code and they were sentenced to undergo life imprisonment vide judgment dated 26.6.1971. It is alleged by the plaintiffs that deceased Pritam Singh at the time of death was 35 years of age. He was enjoying a perfect health. He was expected to live atleast up to the age of 70 years. He was agriculturist by profession and his income has about Rs. 400/- per month. Plaintiffs were entirely dependents on the earning of Pritam Singh and by wrongful act of the defendants they were deprived of the income of Pritam Singh at the rate of Rs. 300/- per month. It was alleged in the plaint that but for the wrongful act of the defendants the plaintiffs normally would have enjoyed the income of Pritam Singh for another 35 years and thus they have been deprived of Rs. 1,26,000/-. The plaintiff have brought the suit only for Rs. 50,000/- on the ground that they could not afford to pay the court-fee. With these allegations, the plaintiffs made a prayer that a money decree for a sum of Rs. 50,000/- be passed by way of damages against the defendants.;