GURMAIL SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) This is a defendant's appeal against the concurrent judgments and degrees of the Courts below whereby the plaintiff's claim for damages to the tune of Rs. 5,000 /- on account of the murder of her son, was decreed in her favour.

(2.) The facts giving rise thereto are these.

(3.) In the beginning of November 1966 one Amar Singh, brother of the defendant-appellant, was murdered and in that murder case Joginder Singh, husband of the plaintiff. And a few others were sent up for trial. On that score, the defendant a had a grudge against the family of the plaintiff. On Nov. 24, 1966; at about 11 a.m. a seven year old son of the plaintiff named Mohan Singh was playing in then street with another child of same age. The appellant appeared there with a naked Kirpan and gave Kirpan blow and died. The matter was reported to the police, investigation was carried out, the defendant was sent up for trial and was ultimately convicted and sentenced for the charge of murder. The conviction and sentence was maintained by this Court. The present suit was brought by the plaintiff claiming Rs. 5,000/- as damages from the defendant on account of the murder of her only son. This claim was decreed by the Court's below in recording findings on both the issues in favour of the plaintiff. Those issues are:- "1. Whether the defendant committed the murder of Mohan Singh deceased? O. P. P. 2. If issue No. 1 is proved to what amount the plaintiff is entitled as damages from the defendant on account of murder. 3. Relief. The finding on issue No. 1 is that the defendant-appellant committed the murder of Mohan Singh deceased. This finding remained unchallenged before the first appellate Court and is no longer in issue in the present appeal. The controversy centres around the finding on issue No. 2 and it has been raised in this manner.