SARBANS SINGH Vs. JASWINDER KAUR

JUDGEMENT

(1.) Defendants have come up in Regular First Appeal against the judgment and decree of the trial Court awarding to the plaintiff-respondents compensation in the sum of Rs. 50,000/- by way of damages resulting from the murder of Joginder Singh deceased.

(2.) The plaintiffs are the widow, sons and daughters of Joginder Singh (since deceased). On February 14, 1973, Joginder Singh left for his village on his bicycle from District Courts, Gurdaspur alongwith Nagar Mal and Chattar Singh. When he reached in front of Gafoor Bagh, Sarbans Singh (defendant No. 3) armed with a Kirpan, Hazara Singh (defendant No. 1) and Gurbax Singh (defendant No. 2) armed with Chhavis, Gurmej Singh (defendant No. 6) armed with a dang and Amrik Singh (defendant No. 4) and Pritam Singh (defendant No. 5) armed with a sua each, surrounded Joginder Singh. Sarbans Singh (defendant No. 3) raised a lalkara that Joginder Singh should be taught a lesson for giving evidence against him. He opened an attack by giving a Kirpan blow and other defendants gave him injuries with their respective weapons. The occurrence was witnessed by Nagar Mal and Chattar Singh. Joginder Singh, in a serious injured condition was removed to Civil Hospital, Gurdaspur on the same day, where he was medico legally examined 6.00 p.m. His statement was recorded by the police and formal first information report was registered on the basis thereof. In view of the serious condition of the injured and the medical opinion, dying declaration of Joginder Singh was recorded by Sh. A.K. Sharma, Judicial Magistrate Ist Class, Gurdaspur, at 10.30 p.m. on the same day. On February 15, 1973, Joginder Singh succumbed to his injuries received by him at the hands of the defendants.

(3.) After investigation by the police, the defendants were challaned for the offences under Sections 148 and 302 read with Section 149, Indian Penal Code, and were convicted and sentenced to imprisonment for life and a fine of Rs. 1,000/- each under Section 302 read with Section 149, Indian Penal Code by the learned Additional Sessions Judge, Gurdaspur. On appeal against the judgment of the Additional Sessions Judge, defendants No. 1 and 2 were given the benefit of doubt and acquitted, but with regard to other defendants, the conviction and sentence was maintained. The plaintiffs, who are the legal representatives of the deceased, filed the suit for damages against the defendants. The trial Judge awarded compensation by way of damages in the sum of Rs. 50,000/- to the plaintiffs against defendants No. 3 to 6. They have come up in appeal against the judgment and decree of the trial judge.