GOKAL CHAND MITAL,J. - (1.) TARSEM Singh is alleged to have murdered Nasib Singh on 4-12-1970. His widow Smt. Bhago filed a suit was recovery of Rs. 36,000/-as damages for the murder of her husband. The suit way contested and the plea that he had murdered her husband was denied by the defendant. However, it was admitted by him that he was convicted by the Criminal Court for the murder of her husband. On the contest of the parties, the following issues were framed: 1. Whether Nasib Singh deceased died because of the injuries inflicted on his person by Tarsem Singh respondent on 4-12-70 in village Raheela? OPP 2. Whether the plaintiff is entitled to any damages from the respondent for his wrongful act due to which Nasib Singh deceased died? If so to what amount? OPP 3. Whether the suit is not maintainable? OPP 4. Relief.
(2.) ON the evidence led in the case, the trial Court by Judgment and decree dated 21st April, 1977, decreed the suit for recovery of Rs. 15,000/-with costs, after recording a finding on issue No. 1 that Nasib Singh died as a result of the injuries inflicted by the defendant, and on issue No. 2 that pecuniary loss to the plaintiff was Rs. 125/- per month and a multiplier of 10 was applied. This is defendant's appeal. After hearing the learned Counsel for the appellant an on perusal of the record, I am of the view that there is not the least scope for interference in this appeal.
(3.) RAM Sarup PW 3 and Bishna PW 4 are the eye witnesses of the occurrence and on a reading of their statements, I find that they inspire confidence. From the cross-examination it could not be shown that the witnesses were not reliable or were not speaking the truth. It is proved from their statements alongwith the post-mortem report Exhibit PW 1/1 that the defendant gave a Barchha blow in the abdomen of the deceased and as a result of that injury he died. As against the aforesaid evidence there is bare denial by the defendant about the occurrence. I prefer to rely on the statements of PW 3 and PW 4 as compared to the defendant's statement.;