ISAR DEVI Vs. HUKAM CHAND

JUDGEMENT

(1.) This Regular Second Appeal has been directed against the judgments and decrees dated 4.8.1981 and 6.1.1984 passed respectively by the Sub Judge 1st Class, Nakodar (hereinafter described as 'the trial Court') and the District Judge, Jalandhar (referred to hereinafter as 'the first appellate Court') whereby the suit and the appeal of the Plaintiff-Appellant were dismissed.

(2.) The Plaintiff had filed a suit for recovery of Rs. 90,000/- against the Defendants-Respondents seeking damages on account of death of her husband-Sant Lal by their wrongful act under Section 1-A of Indian Fatal Accidents Act, 1855 (for short, 'the Act'). It was averred that on 6.7.1974, an altercation ensued on account of a burning Angeethi having been put by the wife of Defendant-Hukam Chand in front of the house of the deceased which was objected to by the Plaintiff; that in the meantime, Sant Lal. Jai Kishan & Munish Kumar reached the spot and the Defendants also assembled there with weapons, such as takuas and sottas; that the Defendants caused injuries to the deceased; that fatal injuries were caused by Defendants - Hukam Chand and Tej Bhan as a result of which Sant Lal died later on; that Manish Kumar and Jai Kishan, who are brothers of the deceased, also received injuries; that a criminal case under Sections 302, 149, 149 of the I.P.C. was registered against the Defendants; that Defendants- Hukam Chand and Tej Bhan were convicted & sentenced to rigorous imprisonment for five years by the Additional Sessions Judge, Jalandhar on 9.6.1975 and the other Defendants were convicted for causing injuries to Munish Kumar and Jai Kishan; that Defendant-Baldev Kumar was, however, acquitted; and that the appeal against the orders of conviction and sentence was pending in the High Court at the time of filing of the suit.

(3.) The Defendants, upon notice, appeared and filed their written statement denying the averments of the Plaintiff and their liability to pay anything to her.