BABU RAM Vs. BAGAN DEVI

JUDGEMENT

(1.) BY this judgment the appeal and cross-objections filed by the parties are being disposed of.

(2.) BRIEFLY stated, the facts of the case are that the deceased Kishan Chand was allegedly assaulted and killed by the defendants on 15.10.1993. The defendants Babu Ram, Vijay Kumar, Kulwant Singh and Shakti Devi were arrayed as defendants and faced trial under section 302, Indian Penal Code, 1860. Vide judgment dated 20.7.1995, Exh. P4, the learned Sessions Judge convicted the defendants for having committed an offence punishable under section 304, Part II, of the Indian Penal Code and sentenced them to undergo imprisonment for four years each and to pay fine of Rs. 5,000 each. The defendants- accused filed an appeal in this court which appeal was disposed of on 5.8.1998 vide judgment, Exh. P5. The conviction was confirmed. However, the sentence was reduced to the period already undergone. Thereafter, the State filed an appeal in the Supreme Court which was disposed of on 19.11.99 vide Exh. PX. Though the appeal of the State for enhancement of sentence was dismissed but fine was enhanced from Rs. 20,000 to Rs. 35,000 in all.

(3.) THE degree of proof required in a criminal case is much higher than that required in a civil court. It may be true that a decree cannot be passed merely on the basis of the judgment of a criminal court and independent evidence has to be led in this regard but the findings of the criminal court are definitely relevant pieces of evidence. In the present suit also evidence has been led by the plaintiffs to show that the deceased died as a result of the injuries caused to him by the defendants. Baljeet Singh, PW 2, MHC has proved the F.I.R., Exh. PW2A. Ashok Kumar, PW 3, son of deceased is an eyewitness to the incident and has clearly stated that when his father was preparing tea the defendant No. 1 beat him with a bamboo stick and, thereafter, other defendants chased his father and beat him. THE testimony of PW 3 is supported by the post-mortem conducted by Dr. R.K. Gautam, PW 6. Keeping all these factors into consideration, I am of the considered view that the plaintiffs have proved to the satisfaction of the court that the death of the deceased was caused due to the wrongful acts of the defendants. In fact, the defendants do not deny death of the deceased Kishan Chand but according to them it was Kishan Chand who had started the quarrel and resultantly he died.