TEHIL SINGH Vs. JASWANT SINGH

JUDGEMENT

(1.) This is an appeal by Tehil Singh and Mukhtiar against the judgment and decree of the subordinate Judge 1st Class, Muktsar, dated 30th December, 1974.

(2.) Briefly. the facts are that the defendants murdered Major Singh. They were challaned and tried under S. 302, Penal Code. Inder Singh defendant No. 4 was acquitted whereas the other three defendants were convicted and sentenced to undergo life imprisonment vide judgment dated 23rd Sept., 1971 by the Sessions Judge, Ferozepur. Plaintiffs Nos. 1 and 2 are the parents, plaintiff No. 3 the widow and plaintiff No. 3 the widow and plaintiff No. 4 the minor daughter of the deceased. They filed a suit for recovery of one lakh rupees as compensation alleging that the deceased was a skilled agriculturist and used to cultivate the lands with a tractor. Besides cultivating his own land, he used to cultivate the land of others on lease. He was earning Rs. 350/- per mensem out of which he used to spend Rs. 50/- on himself and the rest of the income was utilized by the plaintiffs. It was further averred that the defendants were jointly and severally liable to pay the compensation to the plaintiffs.

(3.) The defendants contested the suit and denied the allegation of the plaintiffs. They pleaded that Major Singh was not murdered by them and that the plaintiffs had not suffered any loss on account of his death and, they were not entitled to any compensation. On the pleadings of the parties. the following issues were framed:-