TMI Blog1986 (8) TMI 441X X X X Extracts X X X X X X X X Extracts X X X X ..... 128-SP of 1984. The common respondents in the appeals. were prosecuted for various offenses in the court of Additional Sessions judge, Faridkot. By judgment dated February 28,1984 learned Judge convicted and sentenced the accused as follows: Keeping in view the circumstances of the case and the part played by each of them I, hereby sentence Sukhbir, Sukhpal and Surat Singh accused to undergo R.I. for four years u/s 307/149 IPC. Each of Om Pal, Dhan Pal, Mannu and Siri Chand are ordered to undergo R.I. for three year. u/s 307/149 IPC. Each of the seven accused are further ordered to undergo R.I. for one year 148 IPC, two years R.I. u/s 325 149 IPC and one year R. I. s/u 323/149 IPC. Keeping in view the circumstances of the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... do so and in the meantime to keep peace and be of good behavior. However, each one of the appellant would pay ₹ 2,500 as compensation payable to Joginder injured. Compensation if not paid within two months, the appellants namely Sukhbir Singh, Dhanpal. Mannu, Siri Chand and Om Pal would be called upon to serve their sentence. But for this modification, appeal fails and is hereby dismissed. In view of s. 12 of the Probation of Offenders Act, no disqualification would attach to the appellants due to this conviction. Sd/-K.P.S.Sandhu Judge Dt. November 13, l984 In these appeals, there is no serious dispute with regard to acquittal of Sukhpal Singh and Surat Singh. The prosecution case that they were armed with Barchha has not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration of these questions, we may summarise briefly the factual background: The rival parties in this case are collaterals. On September 28, 1982 at about 8/9 a.m. they had an altercation near the tubewell belonging to Hari Kishan. Joginder is the son of Hari Kishan. Virender another injured in this case is nephew of Hari Kishan. Hari Kishan was sitting near his tubewell. Virender and Joginder were sowing Berseem crop. The accused carne from the side of the tubewell. They were armed with Ballams and Dangas. One of them raised a Lalkara at which the accused attacked Virender and Joginder. In the brawl that followed some of the accused were also injured. The injured were removed to Civil Hospital, Ballabgarh. The Medical Officer there referre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity of the blow, the part of the body where the injury is inflicted are some of the factors that may be taken into consideration it,determine the intention. In this case, two parties in the course of a fight inflicted on each other injuries both serious and minor. The accused though armed with ballam never used the sharp edge of it. They used only the blunt side of it despite they being attacked by the other side. They suffered injuries but not provoked or tempted to use the cutting edge of the weapon. It is very very significant. It seems to us that they had no intention to commit murder. They had no motive either. The fight as the High Court has observed, might have been a sudden flare up. Where the fight is accidental owing to a sudd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 357, leaving aside the unnecessary, provides : 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; XXXXX XXXXX XXXX XXXXX XXXXX XXXXX (3) When a Court imposes a sentence, of which fine does not not form a part, the Court may, when passing judgment. order the accused pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tim with the offender. It is, to some extent. a constructive approach to, crimes. It is indeed a step forward in our criminal justice system. We, therefore,recommend to all Courts to exercise this power liberally so as to meet the ends of justice in a better way. PG NO 578 The payment by way of compensation must, however, be reasonable What is reasonable, may depend upon the facts and circumstances of each case. The quantum of compensation may be determined by taking into account the nature of crime, the justness of claim by the victim and the ability of accused to pay. If there are more than one accused they may be asked to pay in equal terms unless their capacity to pay varies considerably. The payment may also vary depending upon the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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