JUDGMENT : Rajiv Sharma, J. CMP(M) No. 749/2013 Heard. In view of grounds taken in the application duly supported by an affidavit, and in the interest of justice, delay is condoned. Application is disposed of. RFA No. 247/ 2015 2. Be registered. 3. This Regular First Appeal has been instituted against Judgment and decree dated 30.11.2011 rendered by learned District Judge, Hamirpur, HP in Civil Suit No. 41 of 2002 RBT No. 8 of 2009. 4. "Key facts" necessary for adjudication of the present appeal are that respondents-plaintiffs (hereinafter referred to as 'plaintiffs' for convenience sake) filed a suit against the appellant/defendant namely Shri Satish Kumar (hereinafter referred to as 'defendant' for convenience sake), Thakuri Devi and Seema Kumari, for recovery of damages of Rs.15.00 lakh. According to the plaintiffs, deceased Surinder Kumar Bhardwaj was husband of plaintiff No.1 and father of plaintiffs No. 2 and 3 namely Shashi Kumar and Rohita Kumari. He was practising lawyer. He started practising in the year 1983 at Hamirpur and shifted thereafter to sub-division Badsar. On 10.8.2000 at 8.30-9.00 pm, when S.K Bhardwaj was in his house, the defendant trespassed into his house and they dragged SK Bhardwaj and gave beatings to him with kick and fist blows. Sunila Kumari intervened to save her husband. Neighbourers also reached the spot. SK Bhardwaj collapsed and was taken to hospital. He was declared dead. FIR was lodged with the police station Badsar on the same day. Case was registered under Section 302, 542 read with Section 34 IPC. Medical officer Shri Rakesh Chauhan conducted post-mortem of the body. According to his opinion, deceased died due to neurogenic shock suffered due to scuffle with associated underlying heart disease. Defendant faced trial in the Court of Sessions Judge, Hamirpur. Learned Sessions Judge vide judgment dated 25.2.2002 convicted the defendant under Sections 304 Part-II and 448 IPC and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.10,000/- under section 304 Part II IPC and in default of payment of fine, to further undergo rigorous imprisonment for six months and also sentenced to rigorous imprisonment for six months and a fine of Rs.1,000/- under Section 448 IPC, in default of payment of fine, to further undergo rigorous imprisonment for one month. Age of deceased was 45 years. It is in these circumstances that suit for damages was filed. 5. Age of deceased was 45 years. It is in these circumstances that suit for damages was filed. 5. Suit was contested by defendants. They denied that on 10.8.2000, they dragged SK Bhardwaj and gave him beatings. They also denied that Sunila Kumari intervened and she was not successful in saving her husband. They also denied that S.K. Bhardwaj collapsed due to beatings. According to them, S.K. Bhardwaj died by heart attack. He fell down and collapsed. Replication was filed by the plaintiffs. Issues were framed by the Court on 20.5.2003. Suit was decreed on 30.11.2011 in favour of the plaintiffs and against the defendant No.1 namely Satish Kumar for the recovery of Rs.10,50,000/- with pending and future interest at the rate of 7.5% per annum from the date of institution of suit till its realization. Hence, this appeal. 6. Mr. Rajesh Kumar, Advocate, has vehemently argued that the learned District Judge has failed to appreciate material placed on record as well as evidence adduced by the parties. According to him, S.K. Bhardwaj died on 10.8.2000. Suit was filed on 7.6.2002. He also contended that income of the deceased has been wrongly assessed at Rs.10,000/-. He lastly contended that deceased died due to heart attack. 7. Mr. Ajay Sharma, Advocate, has supported the judgment and decree passed by learned District Judge. 8. I have heard the learned counsel for the parties and also gone through the record carefully. 9. PW-2 Raj Kumar was a Clerk with Mr. G.D. Sharma. He testified that he worked as a Clerk with S.K. Bhardwaj. He was mainly practising at Badsar. He was earning Rs.25,000/- per month. He proved diaries Ext. PW-2/1 to PW-2/17. Some of them were written by him and some by deceased. 10. PW-3 G.D. Sharma also testified that earlier S.K. Bhardwaj was practising as an advocate at Hamirpur. In 1986, he shifted to Badsar. He was having a good practice. 11. PW-5 Onkar Chand was working as a Clerk with S.K. Bhardwaj from 1995 to 2002. He was having a good standard of living. He has appeared as a witness in criminal case. He has proved his statement Ext. PW-5/A. 12. PW-6 Krishan Dutt deposed that S.K. Bhardwaj was murdered on 10.8.2000. Satish Kumar and others were prosecuted. He appeared as a witness in criminal case. He proved his statement Ext. He was having a good standard of living. He has appeared as a witness in criminal case. He has proved his statement Ext. PW-5/A. 12. PW-6 Krishan Dutt deposed that S.K. Bhardwaj was murdered on 10.8.2000. Satish Kumar and others were prosecuted. He appeared as a witness in criminal case. He proved his statement Ext. PW-6/A. According to him, children of S.K. Bhardwaj came to his house and told that Satish Kumar and others were beating their father. He ran to the house of S.K. Bhardwaj and saw that S.K. Bhardwaj was lying on road and mother of Satish Kumar was giving beatings to wife of S.K. Bhardwaj. 13. PW-7 Shukla Sharma also proved her statement Ext. PW-7/A. She also testified that deceased was having good standard of living. 14. Plaintiff Sunila Kumari appeared as PW-8. According to her, her husband was a prominent advocate and practising at Badsar. He used to give Rs.10,000-12,000/- for household expenditure. He was murdered by defendants. Defendants were prosecuted for the offence of murder in the court of Sessions Judge, Hamirpur. She proved her statement Ext. PW-8/A. 15. Appellant has appeared as DW-1. He deposed that on 10.8.2000 at 8.00-9.00 pm, he was called by S.K. Bhardwaj to his house as the deceased intended to take his shop on rent for parking his car and he refused to let out the same. At this, S.K. Bhardwaj became enraged and he started abusing him. According to him, no scuffle has taken place between them and no injury was caused to him. In his cross-examination, he has admitted that he was prosecuted for the offence under Section 302 IPC for having committed murder of S.K. Bhardwaj. He was convicted under Section 304 Part II and 448 IPC. 16. It is evident from the statement of PW-2 Raj Kumar, PW-3 G.D. Sharma, PW-5 Onkar Chand and PW-8 Sunila Kumari that S.K. Bhardwaj started practising initially at Hamirpur and thereafter shifted to sub division at Badsar. Case diaries have been proved vide Ext. PW-2/1 to PW-2/17. It is evident that he was having a good practice. PW-5 Onkar Chand, PW-6 Krishan Dutt, PW-7 Shukla Sharma and PW-8 Sunila Kumari have proved their statements Ext. PW-5/A, PW-6/A, PW-7/A and PW-8/A. According to them, defendant has entered the house of deceased S.K. Bhardwaj. He gave beatings with kicks and fist blows to S.K. Bhardwaj due to which he collapsed. PW-5 Onkar Chand, PW-6 Krishan Dutt, PW-7 Shukla Sharma and PW-8 Sunila Kumari have proved their statements Ext. PW-5/A, PW-6/A, PW-7/A and PW-8/A. According to them, defendant has entered the house of deceased S.K. Bhardwaj. He gave beatings with kicks and fist blows to S.K. Bhardwaj due to which he collapsed. Post-mortem was conducted on the body. Income of deceased was assessed at Rs.10,000/- and multiplier of 30 has been applied at the age of 45. Standard deduction has been made from the income of the deceased. Plaintiffs have been awarded Rs.10,000/- as consortium. Learned District Judge has correctly appreciated oral as well as documentary evidence. Appellant was convicted on 25.2.2002 and suit was instituted on 7.6.2002. Deceased has died due to the beatings given to him by the appellant Satish Kumar. 17. Accordingly, there is no merit in the present appeal and the same is dismissed, so also the pending applications, if any.