SWARAN SINGH Vs. DEVINDER SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the defendant-appellant against the judgment and decree dated 17.2.2005 passed by the learned District Judge, Faridkot whereby the appeal of defendant No. 1-appellant Swaran Singh has been dismissed.

(2.) THE plaintiff-respondent No. 1-Devinder Singh filed a suit for recovery of Rs. 1,99,000/- as damages and compensation for the injuries suffered by him in the occurrence that took place on 19.8.1995. The plaintiff along with his father Jagir Singh had gone to the fields on a bullock cart for cutting fodder. The father of the plaintiff was cutting the fodder and the plaintiff had gone to attend the call of nature in the nearby fields. In the meantime, defendants Swaran Singh and Avtar Singh armed with swords came to the fields of the plaintiff. Swaran Singh raised a 'Lalkara' that the plaintiff be taught a lesson for teasing the daughter of his sister-in-law. Upon this defendant Swaran Singh gave two sword blows on the person of plaintiff which hit on his nose and right side of his neck. Avtar Singh gave three blows with his sword which hit on the right elbow, right finger and left leg of the plaintiff. The plaintiff fell on the ground. The defendants inflicted various injuries while he was on the ground. The father of the plaintiff raised an alarm as a result of which both the defendants ran away with their respective weapons. The occurrence was witnessed by the father of the plaintiff who took him to Civil Hospital, Zira in a tractor trolley. The doctors at Zira Hospital found the plaintiff to be in serious condition and referred him to Medical College, Faridkot, where he was admitted on 19.8.1995 On the basis of the allegations as made case FIR No. 16 dated 20.8.1995 was registered against the defendants at Police Station Zira for the offences under Sections 307 and 34 IPC. The plaintiff was discharged from Shri Guru Gobind Singh Medical College and Hospital, Faridkot on 21.10.1995. It is stated that a sum of Rs. 2 Lacs were spent on the treatment of the plaintiff. Both the Courts below have decreed the suit of the plaintiff. The defendant No. 1-Swaran Singh has filed the present appeal.

(3.) IN response, Mr. P.S. Jammu, Advocate, learned counsel appearing for the plaintiff-respondent No. 1 has submitted that the plaintiff suffered as many as 20 injuries in the occurrence. Besides, it is submitted that the grounds for determining the actual loss has been duly considered by the learned District Judge in his impugned order. It is also contended that the compensation awarded is just and expedient and calls for no interference by this Court.