- (1.) THESE cross-appeals arise out of the impugned judgment and decree dated 15-3-1989 awarding damages to the Plalntiff Mahender Singh s/o Girraj Prasad on account of malicious prosecution by the defendant Ram Lal s/o Manna Ram in a criminal case under Section 302, IPC.
(2.) THE claimant-Mahender Singh clalmed damages to the extent of Rs. 31,000/- in the said civil suit, whereas the learned trial court has granted the decree to the extent of Rs. 11,500/- deciding the issue Nos. 1, 2, 3 and 6a in favour of the Plalntiff.
(3.) ACCORDING to the Plalntiff-Mahender singh, around 14-1-1973, Pooran Singh son of defendant Ram Lal committed suicide in nadbai, District Bharatpur and after the post-mortem of the dead body recovered from a well in the village, the body was handed over to the defendant Ram Lal, which was cremated on 18-1-1973 and thereafter on 27-1-1973, the defendant-Ram lal filed a FIR falsely implicating the Plalntiff-Mahender Singh and his father Girraj prasad, who was a medical practitioner in the said town and they had to face criminal trial for over three years and had to remain in custody in connection with the same for a period of about three months from 24-5-1973 to 16-6-1975. According to Plalntiff, while the father Girraj Prasad was discharged by the competent Court on 4-6-1976, the Plalntiff was acquitted after trial by the Court vide its judgment dated 4-6-1976 Ex. 6. Thereafter the Plalntiff filed the present suit on 26-5-1977 for malicious prosecution and clalmed damages. The defendant-Ram Lal filed written statement on 4-8-1977 and issues were framed on 14-7-1978. The additional issue No. 6a about malicious prosecution was framed on 21-7-1978. The Plalntiff examined 11 witnesses and produced 22 documentary evidences Ex. 1 to Ex. 22, whereas the defendant examined 11 defence witnesses and exhibited 18 documents Ex. A/1 to Ex. A/18. The defendant-Ram Lal expired on 10-1-1992 during the pendency of these appeals and his LRs were brought on record.;