- (1.) Both these appeals have been taken up together for disposal as the same arise from the judgment and decree dated 25.05.1989 passed by learned Additional District Judge, Sirsa. While plaintiffs Kailash Rani and her minor daughter filed RSA No.563 of 1991 claiming enhancement of compensation for the murder of Devi Dayal husband of plaintiff No.1 Kailash Devi and father of plaintiff No.2-Mst. Rachna, whereas defendants Chaman Lal and Puran Chand filed RSA No.1580 of 1989 seeking relief of setting aside the judgment passed by the Courts below allowing compensation to the plaintiffs. (For the sake of convenience, hereinafter the parties will be referred as plaintiffs and defendants as per the civil suit.)
(2.) The case of the plaintiffs, in brief, is that Devi Dayal was attacked by defendants Joginder Singh alias Davinder Singh alias Narinder Singh, Satnam Singh, Chaman Lal (appellant), Puran Chand (appellant) and Bachan Singh on 19.02.1981 and caused serious injuries with their weapons, resulting in his death at the spot. The matter was reported to the police and a case under Section 302 read with Section 148 Indian Penal Code and under Arms Act was registered. The motive for the occurrence was that Devi Dayal along with his brother, father and father-in-law was facing trial for the murder of one Munshi Ram and for causing injuries to defendant Bachan Singh and others. Police after investigation in this case presented challan in Court and trial was conducted, wherein defendants Joginder Singh, Satnam Singh and Chaman Lal were convicted and sentenced by learned Sessions Judge, Hisar vide judgment dated 25.10.1982. However, defendants Puran Chand and Bachan Singh were given the benefit of doubt and acquitted.
(3.) At the time of incident, Devi Dayal was 25 years of age and was maintaining good health. He was cultivating about 50 acres of land of his brother-in-law and also used to drive tractor bearing registration No.RJK-4676. He was having side business of dairy farming and electrician, thereby earning Rs. 10,000/- per annum.;