MOOL RAM Vs. GENERAL PUBLIC

JUDGEMENT

(1.) This appeal under Section 384 of the Indian Succession Act, 1925 (the Act of 1925) has been filed against the judgment and order dated 6.4.2005 passed by the learned District Judge, Jaisalmer in Civil Misc. Case No.2/2003, whereby the application filed by the appellants under Section 372 of the Act of 1925 was dismissed.

(2.) Brief facts of the case are that the appellants Moola Ram and Smt. Aklo W/o Moola Ram filed an application under Section 372 of the Indian Succession Act with the averments that their son Hathiram had died in a motor accident on 11.9.1997.

(3.) Hathiram was married, whose wife Dhani and minor daughter Jasudi filed claim application before the Motor Accident Claims Tribunal, Jaisalmer, in which an award dated 13.5.1999 was passed in favour of said Smt. Dhani and Kumari Jasudi for a sum of Rs.3,09,200/-. It was further averred that Dhani W/o Hathiram and Jasudi D/o Hathiram died in suspicious circumstances on 15.9.2000 and brother of deceased Dhani Jetaram lodged First Information Report against the appellants alongwith others on allegations of murdering said Dhani and Jasudi. After trial, the Court of Sessions Judge, Jaisalmer acquitted the appellants on 8.5.2002.