- (1.) Defendants having failed in both the courts below are in second appeal.
(2.) Respondents-Plaintiffs Joginder Singh and his wife Amarjit Kaur filed suit against Defendants-Appellants for recovery of 3,00,000/-. Sharanjit Kaur - daughter of Plaintiffs was married with Defendant No. 2, who is son of Defendants No. 1 and 3. Defendant No. 4 is sister of Defendant No. 2. Sharanjit Kaur died on 25.08.1997 - just about six months after her marriage. There were dowry demands by the Defendants, for which deceased Was harassed. The deceased stayed at her parental home for about two weeks before her death. Defendant No. 2 took her to matrimonial home on 24.08.1997 at 06:00 P.M. i.e. a day before her death. On 25.08.1997, at about 06:00 P.M., Defendant No. 1 Sohan Singh came to Plaintiffs and told that Sharanjit Kaur was seriously ill. Plaintiff No. 1, along with his nephew, went to the house of Harbans Singh - mediator and then to the house of Defendants, where Sharanjit Kaur was vomiting in critical condition. She told Plaintiff No. 1 and his companions that Defendants, in conspiracy with each other, had administered her some poisonous substance. They immediately took her to hospital at Raikot, but on the way, she died. Plaintiff No. 1 lodged FIR with the police. Defendants were convicted under Section 304-B of the Indian Penal Code (in short - IPC) vide judgment dated 19.07.1999 passed by learned Additional Sessions Judge, Ludhiana for causing dowry death of Sharanjit Kaur. The Plaintiffs alleged that they suffered loss of 1,50,000/-, which they spent on the marriage of the deceased. Defendants have also retained all dowry articles of the deceased. The Plaintiffs also claimed 1,50,000/- on account of love and affection, mental torture, agony etc. Accordingly, making these averments, Plaintiffs sought recovery of 3,00,000/-. The Defendants, while admitting relationship between the parties as well as with the deceased and also admitting the death of Sharanjit Kaur on 25.08.1997, broadly denied the other plaint allegations. It was rather alleged that the deceased had illicit relationship with one Billu of her parental village and on account of separation from him, the deceased ended her life. It was denied that Defendants caused the death of the deceased. Various other pleas were also raised.
(3.) Learned Additional Civil Judge (Senior Division), Ludhiana, vide judgment and decree dated 10.02.2007, decreed the Plaintiffs' suit for recovery of 1,00,000/- with simple interest @ 6% per annum from the date of filing of suit till recovery. First appeal preferred by the Defendants has been dismissed by learned Additional District Judge, Fast Track Court, Ludhiana vide judgment and decree dated 11.04.2009. Feeling aggrieved, Defendants have preferred the instant second appeal.;