PARTAP SINGH Vs. GURDIAL KAUR

JUDGEMENT

(1.) This second appeal has been filed against the order of learned Additional District Judge, Faridkot dismissing the appeal filed by the defendants in Civil Appeal No. 68 of 1997 dated 17-3-1998.

(2.) The plaintiff-respondent filed the suit claiming damages of Rs. one lac on the ground that her husband was murdered by the defendants-appellants. The trial Court on the basis of evidence on record came to the conclusion that the husband of the plaintiff was murdered by the defendants and that the plaintiff is entitled to compensation and accordingly awarded a sum of Rs. one lac as compensation by his order dated 18-3-1997. Against the said judgment and decree both the defendants preferred an appeal to the Additional District Judge, Faridkot, who by the impugned judgment allowed the appeal of the second defendant and confirmed the decree and judgment of the trial Court as against the Ist defendant, who is the appellant herein.

(3.) There is no dispute that Malkiat Singh husband of the plaintiff was assaulted by the defendants on the night of 14-3-1984 and he died on 15-3-1984 in the Christian Medical College and Hospital, Ludhiana and both the defendants were prosecuted for the offence under Section 302, I.P.C. and they were convicted by the learned Sessions Judge, but the Apex Court acquitted 2nd defendant while maintaining the conviction and sentence of life imprisonment awarded to the Ist defendant, who is the appellant herein vide its judgment dated 11-8-1988.