DAVINDER KAUR ETC Vs. INDER SINGH ETC

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 17. 11. 1987 passed by the District Judge, Faridkot, who on appeal reversed that of the trial Judge and dismissed the suit filed by the plaintiffs for compensation by way of damages for causing the death of Jagjit Singh.

(2.) THE facts : The appellants (hereinafter refereed to as the plaintiffs) filed a suit for recovery of Rs. 1,11,000/as compensation by way of damages against the respondents (hereinafter referred to as the defendants) for illegally causing the death of Jagjit Singh husband of plaintiff No. 1 and father of plaintiff Nos. 2 to 5. Jagjit Singh deceased was a member Fanchayat of village Singhan Wala. The Sarpanch of the Panchayat filed an application seeking the ejectment of defendant No. 2 from a part of land out of Killa No. 6/7 which was in his illegal possession. On October 5, 1982, an application was moved before District Development and Panchayat Officer, Faridkot for restraining defendant No. 2 from raising any construction over the site alleged to be illegally occupied by him. On January 9, 1983, at 11 A. M. defendant No. 2 with the aid and connivance of defendant N'os 1, 3 to 6 started raising a wall on the site in dispute. On learning about the same, the deceased who was a member Panchayat along with PWs Jagdev Singh. Tarlok Singh and Jaspal Singh went to the spot and asked the defendants not to raise the wall. Defendant No. 2 abused him and exhorted other defendants to catch hold of him and teach him a lesson ;: whereupon all the defendants rushed towards their tractor standing close by and came armed. Defendant No. 1 Inder Singh was armed with a Takwa, defendant No. 2 Baldev Singh was armed with Kasoli, while the remaining defendants were armed with lathis and all the defendants raised a lalkara and they attacked the deceased and Pws Tarlok Singh, Jaspal Singh and Guidev Singh. Defendant No. 1 is alleged to have given a blow with the Takua which hit the deceased on the back side of his head whereby he fell oa the ground and became unconscious. PW Jagdev Singh came forward to save him but defendant No. 2 Baldev Singh gave a Kasoli blow of Jagdev Singh which hit on the right side of his head. Other defendants, namely, Mukhtiar Singh, Gulzar Singh, Nachhatar Singh and Ajmer Singh also inflicted injuries to the Pws. On a hue and cry being raised by the PWs, the defendants ran away with their respective weapons leaving their tractor at the spot. PWs Jaspal Singh and Tarlok Singh , brought Jagjit and Jagdev Singh in their tractor trolley to Civil Hospital, Moga where they were medically examined. Jagjit Singh was referred to Christian Medical College and Brown Hospital, Ludhiana where he died on the same day at 3 P. ML and the postmortem examination was conducted on January 10, 1983 by Dr. Suresh Kumar Aggarwal, who found that the death was as a result of head injury which was ante mortem. The defendants were charge sheeted for offences under Sections 304/323/148/149/506 and 447 of the Indian Penal Code. The deceased was of 35 years of age at the time of his death. He is stated to be earning Rs. 25,000/- per annum from agriculture i. e. Rs. 20,000/- as a farmer and Rs. 5,000/- from dairy business. Plaintiff No. 1 is the widow of the deceased and is aged about 35 years while plaintiff Nos. 2 and 4 are the daughters of the deceased aged about 17 and 13 years respectively while plaintiff Nos. 3 and 5 are the sons aged about 15 and 11 years respectively. It is pleaded that because of the tortuous act of the defendants they were deprived of their right of education, maintenance and support. The deceased would have lived a normal life of more than 30 years if he had not been killed by the defendants. Plaintiffs have claimed Rs. 1,10,000 as compensation and Rs. 1,000/- as expenses incurred on funeral.

(3.) THE defendants resisted the suit and denied the material allegations made in the plaint. It was pleaded that the disputed site was abadi deh. Defendant No. 2 purchased 'the share of one of the cosharers and constructed house on it. He brought a suit for permanent injunction restraining the deceased and others from interfering in his possession which was decreed. The stay order was granted by the District Development and Panchayat Officer on wrong premises. The defendant had completed the construction prior to the issuance of the stay order. It was pleaded that on January 9,1983 defendant Nos. 3 and 4 started raising the was on the site which was in their possession along with their brothers The deceased was a hot headed person and he exhorted the villagers and members of the Panchayat to teach lesson to defendant Nos. 3 to 6 who had come from village Mothanwali and were raising illegal construction over the Panchayat land. They attacked defendant Nos. 3 and 4 with bricks bats and other weapons and as a result thereto injuries were received by them. It is further pleaded that both the defendants ran towards the house of defendant No. 2 to take shelter. According to them, when the brickbats were being thrown on defendant Nos, 3 and 4 by the mob, it is just possible that the deceased was hit by one of the brick bats as a result of which his death was caused. It was denied that injuries were caused to Jagjit Singh as alleged. The deceased went from the place of occurrence to lodge the First Information Report to Police Station, Sadar Ghal Kalan on a scooter He fell down from his scooter near village Bukanwala and as a result of which he might have received the head injury which was the cause of his death. It is also alleged that from there some people who knew him, removed him in a tractor trolley to village Singhanwala and from there to Civil Hospital Moga. The presence of defendant Nos 1, 2 and 5 at the spot was denied and it was pleaded that they were falsely implicated. It was further pleaded that he was not earning anything and was in fact a burden on the family.