TMI Blog2004 (1) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 Babu Lal in addition was sentenced to undergo for all the three offences for six months RI. Four appeals were filed by the accused persons including the appellant before the High Court. By the impugned judgment, a Division Bench of Madhya Pradesh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto. (2) If the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tenced. 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 the other hand deals with the situation where fine does not form part of the sentence imposed by a Court. In such a case, the Court when passing a judgment can order the accused persons to pay by way of compensation such amount as may be speci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... antum 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 any agreement or consent of the parties such compensation has been fixed. Even if a statute is silent and there are no positive words in the Act or Rules made thereunder there could be nothing wrong in spelling out the need to hear th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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