SATISH KUMAR Vs. SUNILA KUMARI AND ORS.

JUDGEMENT

(1.) CMP(M) No. 749/2013

(2.) This Regular First Appeal has been instituted against Judgment and decree dated 30.11.2011 rendered by learned District Judge, Hamirpur, HP in Civil Suit No. 41 of 2002 RBT No. 8 of 2009.

(3.) "Key facts" necessary for adjudication of the present appeal are that respondents-plaintiffs (hereinafter referred to as 'plaintiffs' for convenience sake) filed a suit against the appellant/defendant namely Shri Satish Kumar (hereinafter referred to as 'defendant' for convenience sake), Thakuri Devi and Seema Kumari, for recovery of damages of Rs. 15.00 lakh. According" to the plaintiffs, deceased Surinder Kumar Bhardwaj was husband of plaintiff No. 1 and father of plaintiffs No. 2 and 3 namely Shashi Kumar and Rohita Kumari. He was practising lawyer. He started practising in the year 1983 at Hamirpur and shifted thereafter to sub-division Badsar. On 10.8.2000 at 8.30-9.00 pm, when S.K. Bhardwaj was in his house, the defendant trespassed into his house and they dragged SK Bhardwaj and gave beatings to him with kick and fist blows. Sunila Kumari intervened to save her husband. Neighbourers also reached the spot. SK Bhardwaj collapsed and was taken to hospital. He was declared dead. FIR was lodged with the police station Badsar on the same day. Case was registered under Section 302, 542 read with Section 34 IPC. Medical officer Shri Rakesh Chauhan conducted postmortem of the body. According to his opinion, deceased died due to neurogenic shock suffered due to scuffle with associated underlying heart disease. Defendant faced trial in the Court of Sessions Judge, Hamirpur. Learned Sessions Judge vide judgment dated 25.2.2002 convicted the defendant under Sections 304 Part-II and 448 IPC and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 10,000/- under Section 304 Part II IPC and in default of payment of fine, to further undergo rigorous imprisonment for six months and also sentenced to rigorous imprisonment for six months and a fine of Rs. 1,000/- under Section 448 IPC, in default of payment of fine, to further undergo rigorous imprisonment for one month. Age of deceased was 45 years. It is in these circumstances that suit for damages was filed.