( 1 ) THESE cross-appeals arise out of the impugned judgment and decree dated 15-3-1989 awarding damages to the Plalntiff Mahender Singh s/o Girraj Prasad on account of malicious prosecution by the defendant Ram Lal s/o Manna Ram in a criminal case under Section 302, IPC.

( 2 ) THE claimant-Mahender Singh clalmed damages to the extent of Rs. 31,000/- in the said civil suit, whereas the learned trial court has granted the decree to the extent of Rs. 11,500/- deciding the issue Nos. 1, 2, 3 and 6a in favour of the Plalntiff.

( 3 ) ACCORDING to the Plalntiff-Mahender singh, around 14-1-1973, Pooran Singh son of defendant Ram Lal committed suicide in nadbai, District Bharatpur and after the post-mortem of the dead body recovered from a well in the village, the body was handed over to the defendant Ram Lal, which was cremated on 18-1-1973 and thereafter on 27-1-1973, the defendant-Ram lal filed a FIR falsely implicating the Plalntiff-Mahender Singh and his father Girraj prasad, who was a medical practitioner in the said town and they had to face criminal trial for over three years and had to remain in custody in connection with the same for a period of about three months from