HARI RAM Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) PLAINTIFF has assailed the judgment and decree dated 10.1.2005, passed by the District Judge, Bilaspur, H.P., in Civil Suit No. 6 of 2002, titled as Hari Ram v. Smt. Shakuntla Devi and Ors. whereby his suit for damages for malicious prosecution stands dismissed.

(2.) THE appellant is referred to as the plaintiff and the respondents are referred to as the defendants. The case as set up by the plaintiff is that he and the defendants are belonging to the same caste i.e. Brahmin and the plaintiff is doing the work of "Pandtai" (priest) and enjoys high Whether the reporters of Local Papers are allowed to see the Judgment? status and respectable position amongst his followers. In the month of November, 1996, Shri Raj Kumar defendant No. 5 had assaulted the plaintiff against whom a case was registered at Police Station Barmana, as such, the defendants were waiting for a chance to take revenge and falsely implicate him. On 10.7.1999, the defendants lodged a false complaint against the plaintiff at Police Station Barmana, on the basis of which FIR was registered and he had to seek anticipatory bail. The challan was presented for trial and in terms of judgment dated 4.4.2002 he was acquitted by the Court of JMIC, Bilaspur, H.P. In the course of investigation of the complaint the defendants had intentionally made false statements with malice. Their actions have seriously affected the plaintiff 'sreputation and work and as such, he is entitled for damages amounting to Rs. 3 lacs.

(3.) BASED on the pleadings of the parties, the trial Court framed the following issues: