HAZUR SINGH Vs. JANGSINGH

JUDGEMENT

(1.) THIS is a defendant's appeal arising out of a suit for damages for malicious prosecution and is directed against the judgment and decree of the learned additional District Judge, Ganganagar dated 30-8-1969 awarding Rupees 2,600/to the plaintiff.

(2.) ON 21-8-1965 Hazur Singh defendant lodged a first information report at police station Sadar, Ganganagar against the plaintiff-respondent Jangsingh and three others to the effect that when he along with one Bala Singh and Ganga Singh were passing through, the Murabba of one Jogender Singh the four persons who were lying in ambush attacked them. Jang Singh plaintiff is said to be carrying a twelve bore gun belonging to accused Sarjeet Singh. Jangroop Singh is said to have an unlicensed pistol. Kaka Singh is said to be armed with a 'gandasi' and Sarieet singh was having a lathi. Kaka Singh challenged them. He snatched the 'chaddar' from the shoulder of Bala Singh in which Rs. 265/-were tied. Bala Sinah was carrying the money for the purchase of cloth from Gangangar. Sarjeet Singh instigated the other accused to fire at the first informant and others. The first informant and his companions took to their heels, but then Jagroop Singh fired his pistol at them, but none of them was hit. Ganga Singh ran towards village hakmabad and the was chased by accused Jang Singh, but Hazur Singh could not say what fate Ganga Singh had met. Hazur Singh was ac-companied by Bala singh. On this report the police registered a case against the four accused for offences under Sections 392/397 read with Section 34, Indian Penal Code and commenced the investigations. After the investigations, two accused Jang Singh and Jagroop Singh were challaned by the police in the Court of Munsif Magistrate, ganganagar. The learned Munsif Magistrate committed the accused persons in the case and they came to be tried by the Additional Sessions Judge. Ganganagar. The learned Additional Sessions Judge acquitted both the accused on 29-3-1966.

(3.) JANG Singh then filed the present suit against Hazur Singh in the Court of Senior civil Judge. Ganganagar for damages to the tune of Rs. 10,900/-allegina that, his prosecution was malicious. The plaintiff averred that the do-fondant Hazur Singh had a malice against him as Jang Singh had appeared as a witness against the defendant Hazur Singh in a criminal case No. 42 of 1964 State v. Hazur Singh and others under Sections 323, 324, 326 and 392. Indian Penal Code in the Court of munsif Magistrate, Ganganagar, The plaintiff claimed Rupees 5,000/- as damages for the loss of reputation, Rs. 5,000/- as damages for the mental worry suffered by him and Rs. 900/-as special damages on account of the expenditure incurred in defending himself.