Honble KOTHARI, J.–These cross appeals arise out of the impugned judgment and decree dated 15.03.1989 awarding damages to the plaintiff 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 claimed 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 No. 1, 2, 3 and 6A in favour of the plaintiff.

(3). According to the plaintiff Mahender Singh, around 14.01.1973, Pooran Singh son of defendant Ram Lal committed suicide in Nadbai, District Bharatpur and after the postmortem 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 18.01.1973 and thereafter on 27.01.1973, the defendant Ram Lal filed a FIR falsely implicating the plaintiff 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

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