JASWANT SINGH Vs. SHINGARA SINGH

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 17.4.1997 passed by the learned District Judge, Faridkot. By this judgment, the learned District Judge, Faridkot has upheld the judgment dated 14.1.1993 passed by the learned Addl. Senior Sub Judge, Muktsar.

(2.) Mr. Girdhar, the learned counsel appearing on behalf of the petitioner has drawn my attention to para-8 of the judgment passed by the learned District Judge and submits that the findings of the trial Court which have been upheld by the learned lower Appellate Court are based on the judgment in the criminal case and there is no appreciation of the evidence examined in the present case. He further submits that the judgment of the criminal court is not relevant for the purpose of decision of compensation in the civil suit. In support of his submission, the learned counsel has placed reliance on a judgment of this Court in Tarsem Singh Vs. Bhago, 1986(II) PLR 557.

(3.) After hearing the learned counsel for the appellant and having perused the judgments of the Court below, I do not find any merit in the contention raised by the learned counsel of the appellant. From para-11 of the judgment of the trial Court, I find that the learned trial Court has thoroughly discussed the evidence of the witnesses who have been examined in support of the case of the plaintiff. Even para 8 of the judgment passed by the learned lower appellate court shows that PW-7 Ram Singh and PW-8 Avtar Singh who were the witnesses of the actual occurrence had proved the facts in support of the case of the plaintiff and these witnesses were thoroughly cross-examined but nothing came on record to discredit their testimonies. The learned lower appellate court after discussing the evidence of these witnesses has only stated that the defendant was held guilty for causing injuries even by the court which had tried the criminal case also. This does not mean that the findings of the Courts below are based on the decision of the case decided by the criminal Court. In view of the above discussion, I do not find any merit in this appeal and the same is dismissed. Appeal dismissed.