IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.327 of 2007 (O&M) Date of decision : 20.10.2008 Paramjit Singh and others … Appellants Versus Mandeep Singh and another …Respondents CORAM : HON’BLE MR. JUSTICE AJAY TEWARI Present: Mr.Amit Jain, Advocate for the petitioner. Mr.Kunal Dawar, Advocate for the respondents Ajay Tewari, J (Oral) This is an appeal against the concurrent finding recorded by the courts below. The respondents have sued the appellants for damages causing death of Dan Singh for which the appellants had also been charged under the Indian Penal Code, but were acquitted. The following substantial questions of law have been posed:- (a) Whether in the facts and circumstances of the instant case the approach of the learned courts below in recording the finding against the appellants primarily on the finding recorded by the criminal court and without adverting to the evidence led in this case, can not be sustained in law? (b) Whether in the facts and circumstances of the instant case the contesting respondents having withheld the best evidence and medical evidence being at variance with the eye witness account, the suit filed by the plaintiff/respondent could be decreed? RSA No.327 of 2007 (O&M) [2] In my considered opinion, both the questions of law are questions of fact and the finding recorded by the courts below do not suffer from such palpable perversity that the same can be interfered with in second appeal. Therefore, this appeal is dismissed with costs as imposed by the court below. 20.10.2008 [AJAY TEWARI] sd JUDGE