IMPORTANT POINTS
An action for civil damages is not prosecution and a decree of damages is not a punishment. Both actions can be resorted to without attracting Article 20(2).
Need to bring a contemporaneous and comprehensive legislation to replace Fatal Accidents Act, 1855 re-emphasized.

JUDGMENT

Aftab Alam, J.—

1. This appeal by special leave arises from a suit for damages filed by the plaintiffs-respondents, the widow and the minor daughter of one Surinder Singh, claiming a sum of rupees three lakhs as damages from the defendants-appellants for causing the death of Surinder Singh by their wrongful act.

2. In an occurrence that took place on July 1, 1991, Surinder Singh died as a result of gun shot injuries. An F.I.R (no.166) was lodged by his father Balbir Singh, under sections 302/307/ 34 of the Penal Code and section 25/27 of the Arms Act in which the two appellants, Suba Singh and Shingara Singh, father and son respectively, were named as accused.

3. On November 16, 1991, respondent no.1 filed a suit on behalf of herself and on behalf of her minor daughter, who was at that time about 4-5 years old, against the defendants-appellants claiming damages for the death of her husband and the father of the young child. In the plaint, it was alleged that Suba Singh and his son Shingara Singh had committed the murder of Surinder Singh. Shingara Singh came to the place of occurrence armed with the licensed gun of his father and urged by him, he fired a shot killing Surinder Singh on the spot. At the time of death, the age of Surinder Singh was about 25 years. He was a peasant and a motor vehicle driver by vocation. As a professional driver, he was in private service of certain persons named in the plaint. He also used to help his father in agricultural operations and his income from all the sources was about Rs.16,000/- per annum. It was stated that after the death of Surinder Singh, the plaintiffs did not have any source of income to maintain themselves. Hence, the claim for compensation by way of damages of rupees three lakhs from the defendants.

4. The defendants contested the suit questioning its maintainability. They denied the allegations made in the plaint and stated that they were in no way responsible for causing the death of Surinder Singh. It was alleged that Surinder Singh claimed the common wall between their houses and at the time of the occurrence he was throwing brickbats at the defendants causing injuries to them. In that situation Suba Singh fired a shot and a stray pellet hit Surinder Singh who was sitting on the wall, resulting in his death.

5. During the pendency of the suit, the defendants were tried by the Additional Sessions Judge, Sirsa, in Sessions Trial No.46 of 1991, charged variously of offences under sections 302, 307, 302/34, 307/34 IPC and under section 25/27 of the Arms Act. The learned Additional Sessions Judge, by his judgment and order dated March 6, 1992, acquitted Shingara Singh of all the charges leveled against him but found Suba Singh guilty of the offence under section 304 Part-I, holding that he had exceeded his right of private defence. Accordingly, he sentenced Suba Singh to rigorous imprisonment for 10 years and a fine of Rs.50,000/- and in default, to rigorous imprisonment for a further period of 2 years. The matter was taken to the High Court in appeals preferred both by the State and by Suba Singh besides a revision preferred by the informant Balbir Singh, the father of the deceased. The High Court by a common judgment and order allowed the appeal filed by the State and held Shingara Singh guilty of the offence under section 302 and 307 of the Penal Code. Suba Singh was found guilty and convicted under sections 302/34, 307/34 of the Penal Code. Shingara Singh was also found guilty of the offence under section 27 of the Arms Act. Both, Suba Singh and Shingara Singh were sentenced to life imprisonment and to pay fines with default clauses.

6. While the suit was pending before the trial court, the widow of Surinder Singh plaintiff no.1 got married to his younger brother in the year 1998 and from him, she has two children.

7. On November 27, 1999, the learned Civil Judge, Sirsa (Haryana) decreed the suit and awarded compensation of rupees three lakhs to the plaintiffs-