BAWA SINGH Vs. KARAM KAUR

JUDGEMENT

(1.) THIS is a defendants' appeal and has been directed against the judgment and decree dated 7.12.1978 passed by the Court of Sub Judge Ist Class, Dasuya, who granted a money decree for a sum of Rs. 30,000/- by way of damages against the defendants. The pleadings of the parties can be summarised in the following manner.

(2.) SMT . Karam Kaur, Smt. Dhian Kaur, Smt. Harbhajan Singh and Ms. Mohinder Kaur minor daughter of Pritam Singh, filed a money suit for a sum of Rs. 50,000/- and they claimed damages against the defendants for allegedly committing the murder of Shri Pritam Singh.

(3.) AT the initial stage, case was registered under Sections 308/342 IPC and later on it was converted under Section 304 IPC and after the death of Shri Pritam Singh it was converted into under Sections 302/34 of the Indian Penal Code. After concluding the trial, the learned Sessions Judge convicted the defendants under Sections 302/34 of the Indian Penal Code and they were sentenced to undergo life imprisonment vide judgment dated 26.6.1971. It is alleged by the plaintiffs that deceased Pritam Singh at the time of death was 35 years of age. He was enjoying a perfect health. He was expected to live atleast up to the age of 70 years. He was agriculturist by profession and his income has about Rs. 400/- per month. Plaintiffs were entirely dependents on the earning of Pritam Singh and by wrongful act of the defendants they were deprived of the income of Pritam Singh at the rate of Rs. 300/- per month. It was alleged in the plaint that but for the wrongful act of the defendants the plaintiffs normally would have enjoyed the income of Pritam Singh for another 35 years and thus they have been deprived of Rs. 1,26,000/-. The plaintiff have brought the suit only for Rs. 50,000/- on the ground that they could not afford to pay the court-fee. With these allegations, the plaintiffs made a prayer that a money decree for a sum of Rs. 50,000/- be passed by way of damages against the defendants.