- (1.) Defendant/appellant-Manjit Singh Langra is in second appeal against the judgements and decrees of the courts below, whereby the suit for recovery of Rs.3,00,000/- as damages/compensation for the untimely death of father of the respondents/plaintiffs at the hand of appellant was decreed by the trial court and in appeal filed by the defendant, the findings of the trial court were upheld by the appellate court.
(2.) Facts necessary for the decision of the present appeal are that plaintiffs/respondents filed a suit for recovery of Rs.3,00,000/- as damages/compensation for the untimely death of their father at the hand of appellant. It was alleged by the plaintiffs that on 22.4.1994, their father deceased Harmail Singh went to the house of defendant/appellant and that one Hardip Singh son of Bahadur Singh was also present there. Major Singh, uncle of the plaintiffs and real brother of deceased Harmail Singh went to the house of the defendant/appellant to see his brother(Harmail Singh). There he (Major Singh) saw that deceased Harmail Singh and Hardip Singh were sitting in the baithak of the house of the defendant/appellant and were taking spirit in steel glasses. The spirit was allegedly served to them by defendant/appellant Manjit Singh. It was further alleged that Major Singh brought his brother-Harmail Singh to his house and on reaching the house Harmail Singh became unconscious whereafter he was taken to Civil Hospital,Dhuri for medical treatment, where he breathed his last. The cause of death was allegedly found to be illicit poisoned spirit served by defendant/appellant. It was further alleged that on the same day defendant/appellant also served spirit to Sukhdev Singh son of Gurdial Singh,Ajaib Singh and Hardip Singh and out of them Sukhdev Singh also died. It was then alleged that FIR no.50 dated 23.4.1994 was registered against defendant/appellant at PS City Dhuri under Sections 304/328 IPC and the trial was pending against defendant at the time of filing of the suit. It was claimed by the plaintiffs that their father,aged 35 years was earning Rs.5000/- per month from the diary business and besides that he also used to receive a sum of Rs.3000/- from his father for assisting him in agriculture work. It was alleged by the plaintiffs that due to untimely death of their father, their mother had become mentally upset due to which they could not file suit for compensation; they could not continue their studies; were deprived of the love and affection of their father; and that their lives had become miserable. It was further alleged that plaintiff no.1 attained majority on 5.9.2000 and as such the suit had been filed within limitation from the date of death of Harmail Singh.
(3.) Upon notice of the suit, defendant/appellant filed written statement alleging therein that after the death of Harmail Singh, plaintiffs/respondents inherited his property. It was denied that deceased ever ran a dairy farm or assisted his father in agriculture work. It was also denied that deceased died due to illicit poisoned spirit served by him, rather it was asserted that the deceased died on account of his habit of excessive drinking. The presence of Major Singh and Hardip Singh at the time of alleged occurrence was also denied. On the pleadings of the parties, issues were framed. Both sides led evidence in support of their respective pleas. After hearing both sides and perusing the documentary/oral evidence available on record, the learned trial court vide impugned judgement and decree dated 3.12.2008 decreed the suit of the plaintiffs. Aggrieved against the same, defendant/appellant filed appeal which was dismissed by the learned Additional District Judge,Sangrur vide judgement and decree dated 4.11.2011. Hence the present second appeal.;