Judgment

M. Jagannadha Rao, J.-The appellant was the plaintiff in title Suit No. 40 of 1978, on the file of the Assistant District Judge, Jorhat. He filed the suit for damages for malicious prosecution against three defendants, the State of Assam and two Police Officers for recovery of various amounts shown in Schedules A, B and C. Schedule A of the suit was an amount of Rs. 2,53,425/- claimed as damages towards mental pain, social and public humiliation, wrongful confinement and expenses incurred for defending the criminal cases (For convenience we shall describe them as non-pecuniary damages). Schedules B and C comprised the value of paddy and rice of the appellant which was seized and then sold by the police officers, defendants 2 and 3 (For convenience we shall describe them as pecuniary damages). The trial Court dismissed the suit on 16.7.84. But on appeal, the High Court while holding that the defendants 1 to 3 were guilty of malicious prosecution, abuse of power and unauthorised action, granted relief only in regard to pecu­niary damages in the B and C Schedules (value of goods) but dismissed the suit for non-pecuniary damages in A Schedule items (pain, damage to reputation e