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TMI Blog2025 (2) TMI 412X X X X Extracts X X X X X X X X Extracts X X X X ..... lty of the offences as complained of whereby convicted and sentenced the petitioner nos. 2 and 3 to suffer imprisonment for six months each and to pay a compensation of Rs. 12,00,000/- to the applicant/complainant. 2. Being aggrieved by and dissatisfied with the aforesaid conviction and sentence, the Petitioners preferred Criminal Appeal being Criminal Appeal No. 33/2000 which was renumbered as Criminal Appeal No. 149/21 before the Learned Additional Sessions Judge, Fast Track Court No. 1, Bichar Bhawan, Calcutta. 3. After admission of appeal, the matter was finally heard on 06.12.2021. The Learned Additional Sessions Judge, Fast Track Court No. 1, Bichar Bhawan, Calcutta was pleased to affirm the judgment of the Learned Magistrate thereb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion in order to avoid future complications and/or impasse and to uphold the law of the land praying for substitution of legal heirs of the petitioner no. 3, since deceased, in connection with the instant Revisional application. 8. The name of his legal heirs, namely, Mrs. Krishna Gupta, wife of deceased, Bhromar Gupta, Bidisha Gupta, both are daughters of the deceased and Arjun Gupta, son of the deceased, as mentioned in the application may be added/substituted as party to this Revisional application and are directed to contest in the Revisional application in accordance with law. Hence, this application for substitution. 9. It was submitted by the learned counsel appearing on behalf of the applicant of CRAN No. 11 of 2024 that it is set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (2) of CrPC. But, in case of compensation, the case of the petitioner no. 3 would be abated. Learned counsel appearing on behalf of the petitioners/convicts placed reliance of judgments as under: i. M. Abbas Haji Vs. T.N. Channakeshava (2019) 9 SCC 606;; ii. Smt. Girija Vs. K. Vinay ILR 2003 KAR 3252;. 12. Heard the arguments and submissions made by the rival parties and upon perusal of the record as well as judgments relied by the parties, following questions arise before this Court as under:- i. Whether death of accused during pendency of the Revisional application preferred against conviction and sentence of compensation would be abated automatically or not? ii. Whether compensation and fine are similar and the said amount a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the tune of Rs. 12 Lakhs. Actually, compensation is granted to address the suffering caused by any loss or injury resulting from an act for which the accused has been sentenced. While it establishes criminal liability, the compensation awarded to the victim is treated similarly to what could be granted in a civil suit. As for accused herein, no fine was imposed on him; instead, he was directed to pay compensation. 17. The fine and compensation, although, in a way it seeks to achieve the same purpose. An amount of compensation can be directed to be recovered as a fine but the legal fiction raised in relating to recover the fine only, it is in that sense fine "stands on a higher footing than compensation awarded by the Court" in Dilip S. Da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused/convict. Whereas, compensation can be enforced through legal means or by paying the victim directly even if the accused/convict failed to pay the compensation, the same may be recovered from the estate of the deceased. Even after death of accused, his property goes to the hand of legal heirs or representatives after his demise. 20. In the light of the provisions contained in Sections 421 of the Code of Criminal Procedure, 1973, fine amount as imposed by the Court, is to be recovered by sale and auction of the property of the accused; whereas as per Section 431 of the Code of Criminal Procedure, 1973, even amount of compensation can be recovered as if it was a fine. In the instant case, compensation was directed to be paid by the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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