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TMI Blog2004 (1) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... modern constructive approach to crimes, a step forward in our criminal justice system. If it is found that the compensation should be ordered to be paid, then while arriving at the quantum to be paid, Courts are obliged to keep into account the capacity of the accused to pay the compensation besides taking into consideration also the nature of the crime in each case, the justness of the claim for compensation and the need for it in the context of the victim or members of the family of the victim and other relevant circumstances, if any, in so fixing or apportioning the amount of compensation. As noted above, the mode of application of the fine is indicated in sub-section (1) of Section 357. Sub-section (3) contains an independent and distinct power to award compensation. Grant of an opportunity to be heard - It is urged by the learned counsel for the State that unlike a sentence of fine before imposition of which a Court is required to hear the accused while considering the question of quantum of sentence, it is but natural that the trial Court after hearing on the question of sentence does not impose a fine, but in terms of sub-section (3) of Section 357 proceed to award compensa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Indian Penal Code, 1860 (for short 'the IPC') for allegedly causing death of one Rajinder Kumar (hereinafter referred to as 'the deceased'). All the accused persons including the appellant were found guilty for offences relatable to Section 448. They were also found guilty of offence relatable to Section 323 read with Section 149 IPC for having caused injuries to Amar Singh, the informant (PW-8). They were acquitted of the charges relatable to Section 148 IPC and were convicted in relation to Section 147 IPC. Appellant was acquitted of charges relatable to Section 323 read with Section 149 but was convicted under Section 302 IPC. The rest of the accused persons were not found guilty in relation to Section 302 read with Section 149 IPC. All the accused persons except accused Babu Lal were acquitted of the charges under Section 323 read with Section 149 IPC. Accused-appellant was sentenced to undergo life imprisonment for the offence punishable under Section 302 IPC and for the rest of offence he was sentenced to RI for six months each. Other accused persons were sentenced to undergo RI for six months each for two offences for which they were found guilty. Accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g with the amendments in the State of Madhya Pradesh, which reads as follows: "Section 357: Order to pay compensation (1) When a court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment order the whole or any part of the fine recovered to be applied; - (a) in defraying the expenses properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court; (c) when any person is convicted to any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death; (d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. Provided that the Court may not order the accused person to pay by way of compensation any amount, if both the accused person and the person against whom an offence is committed belong either to the Scheduled Caste or the Scheduled Tribe. (M.P. Act 20 of 1978 w.e.f. 5.10.1978)" Sub-section (1) of Section 357 deals with a situation when a Court imposes a fine or a sentence (including sentence of death) of which fine also forms a part. It confers a discretion on the Court to order as to how the whole or any part of fine recovered is to be applied. For bringing in application of sub-section (1) of Section 357 it is a statutory requirement that fine is imposed and thereupon make further orders as to the disbursement of the said fine in the manner envisaged therein. If no fine is imposed, sub-section (1) of Section 357 has no application. In the case at hand no fine was imposed by the trial Court or the High Court. Sub-section (3) on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n sub-section (1) of Section 357. Sub-section (3) contains an independent and distinct power to award compensation. That brings us to the most crucial question, that is, whether the Court was required to hear accused before fixing the quantum of compensation. It is urged by the learned counsel for the State that unlike a sentence of fine before imposition of which a Court is required to hear the accused while considering the question of quantum of sentence, it is but natural that the trial Court after hearing on the question of sentence does not impose a fine, but in terms of sub-section (3) of Section 357 proceed to award compensation, at that juncture or even during the course of hearing as to the quantum of sentence by sufficient indication made by the Court concerned, the accused gets opportunity to present his version as to the relevant criteria or norms to be applied in the context of the case before the Court on the quantum of compensation. The position cannot be said to be, in any way different while the Appellate or Revisional Court also does it in terms of sub- section (4), as long as it requires to be done in the light of the criteria indicated as above, unless it is by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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