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1972 Supreme(Raj) 170

KAN SINGH
Hazur Singh – Appellant
Versus
Jang Singh – Respondent


Advocates Appeared:
B.R. Arora, for Appellant

KAN SINGH, J.—This is a defendants appeal arising out of a suit for damages for malicious prosecution and is directed against the judgment and decree of the learned Addl. District Judge, Ganganagar dated 39-8-69 awarding Rs. 2600/- to the plaintiff.

2. On 21-3-65 Hazur Singh defendant lodged a first information report at police station Sadar, Sri Ganganagar against the plaintiff-respondent Jang Singh 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. Keka Singh is said to be armed with a Gandasi and Sarjeet Singh was having a lathi. Keka Singh challenged them. He snatched the Chaddar from the shoulder of Bala Singh in which Rs. 265/- were tied. Bala Singh was carrying the money for the purchase of cloth from Ganganagar. 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 fire























































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