SURJIT SINGH Vs. GURSHARAN SINGH

JUDGEMENT

(1.) Daljit Singh, father of the plaintiff-respondents, was allegedly killed by the appellants on 26.08.1998. F.I.R. No. 64 dated 02.10.1998 was registered in this regard on the basis of a complaint lodged by Sukhwinder Kaur, widow of Daljit Singh (since deceased). After investigation, challan under Section 302, 201 and 120-B IPC was presented against the appellants and thereafter, trial took place and ultimately the appellants No. 2 and 3 were convicted by the Sessions Judge, Jalandhar vide judgment dated 06.11.2001. However, appellant No. 1 was acquitted giving him the benefit of doubt. Criminal Appeal No. 648-DB of 2001 against the aforesaid judgment of the Sessions Judge, Jalandhar was dismissed by this Court on 15.03.2011. The plaintiff-respondents filed the instant suit for recovery of Rs. 5.00 lacs against the appellants submitting that Daljit Singh was the sole bread-earner of their family and all the plaintiffs were fully dependent upon him. It was further averred that at the time of murder, Daljit Singh was about 42 years of age and was feeding the family by cultivating the land and also running a dairy and he was earning Rs. 10,000 per month from the aforesaid resources. After his death, no male member was left in the family and the family had come under distress and living in destitute. Future of the plaintiffs had become uncertain and thus, the appellants were liable to pay compensation to them. It has been further averred by the plaintiffs that they were entitled to higher compensation of Rs. 10.00 lacs but because of the Court-fee they were restraining their claim to Rs. 5.00 lacs only.

(2.) The appellants contested the suit stating that the same was pre-mature as the criminal case against them was pending. It was further stated that they were falsely implicated in the case.

(3.) From the pleadings of the parties, the following issues were framed by the trial Court: