FRANCIS Vs. JESSY

JUDGEMENT

(1.) The appellants in A.S. No. 56/1990 are the defendants in O.S. No. 175/ 84, the suit filed by the wife on behalf of the minor son as well, of the deceased Jose who was murdered on 10-7-81 by the defendants in furtherance of their common intention to eliminate him. The Sessions Judge convicted the 4th defendant for life imprisonment under S.302 IPC and the same was confirmed by the High Court. The rest of the defendants who were accused in the Sessions Case were acquitted by the Trial Court itself. A sum of Rs. 6 lakh is claimed as compensation from the defendants for the loss sustained by the plaintiffs due to the untimely death of the husband of the 1st plaintiff. The Subordinate Judge, after considering the evidence adduced in the matter that consisted of the testimony of PWs 1 to 8, DW-1, Exts. A1 to A15, Ext. B1 and Ext. X1 and X2, awarded a sum of Rs. 96,000/-.

(2.) The 4th defendant who was convicted for murder of Jose died in incarceration in 1986, during the pendency of the suit. The 1st defendant also died while the present appeal was pending. Defendants 2 and 3 were recorded as legal representatives of the deceased defendants.

(3.) The appellants have challenged the findings of the lower court alleging grossly distorted appreciation of facts involved and application of misconceived notions of law in the process of adjudication. It was pointed out that only 4th defendant was found guilty by the Sessions Judge and hence the rest of the defendants are in no way liable. It was stressed that the 1st plaintiff got remarried and hence she is not entitled for any amount of compensation. The appellants have also found fault with the lower court with respect to the assessment of compensation as well, as it is far excessive.