TMI Blog1978 (8) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of may be stated. Sant Singh is the father of Sarwan Singh, Bachan Singh and Mewa Singh. Sarwan Singh is the first appellant in Criminal Appeal No. 59 of 1972 and Bachan Singh is the sole appellant in Criminal Appeal No. 60 of 1972. The deceased Mewa Singh is their brother. Sarwan Singh had two sons, Zora Singh and Karnail Singh who are appellants Nos. 3 and 2 in Criminal Appeal No. 59 of 1972. Sarwan Singh's daughter was married to Malkiat Singh who is the fourth appellant in Criminal Appeal No. 59 of 1972. Pending appeal, Sarwan Singh and Bachan Singh have died and their appeals have abated. We are therefore concerned only with Karnail Singh, Zora Singh and Malkiat Singh who are appellants Nos. 2, 3 and 4 in Criminal Appeal No. 59 of 1972. 3. The deceased is the brother of the two accused and paternal uncle of the two other accused. The dispute was over a common Khal of the land and a pahi. The deceased Mewa Singh put an application before the Revenue authority against the accused and the matter was pending when the occurrence took place. 4. On the date of the occurrence, 8-9-1969, at about 3 P.M., PW.. 3, Mohinder Singh, went to Amar Singh, P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused intended to inflict the injuries in question and if once the existence of injuries sufficient to cause death is proved, the intention to cause death will be presumed unless the evidence or the circumstances warrant an opposite conclusion. In this view, the trial court found all the accused guilty under Section 302 read with Section 149 of the Indian Penal Code. The High Court found that the common object was clearly to kill the deceased and the offence fall under Section 300. Thirdly, read with Section 34, Indian Penal Code. 7. The facts of the case disclose that five accused armed with various weapons caused the injuries to the deceased which resulted in his death. If a person causes an injury with the intention of causing bodily injury to any person and when the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, the offence would fall under Clause (iii) of Section 300 and would be punishable under Section 302 of the Indian Penal Code. The five accused were convicted by the trial court for an offence under Section 302 read with Section 149 I.P.C. In order to find the person guilty of offence under Section 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is incised wound 1/2 x 1/4 on the left shin. Injury No. 7 is incised wound 1/3 x 1/4 muscle deep on the left shin. Injury No. 8 is incised wound 1/3 x 1/4 muscle deep on the left shin. Injury No. 9 is incised wound 3/4 x 1/3 muscle deep on the left shin. While Injury No. 1 is on the left palm in between the left thumb and index finger, injuries Nos. 2 and 3 on the right little finger at its middle, injuries Nos. 5 to 9 are in the area of the left shin. Most of the injuries are only 1/4 deep while injury No. 9 is 1/3 deep, and injury No. 1 is 1/6 in depth. The other injuries Nos. 11 to 17 are on the right shin and are incised wounds, most of which are of the size of i x i . The other injuries are contusions in the chest area on the right and the left side, the width not exceeding 3/4 of an inch. Injury No. 26 is on the head of the dimension of 1 3/4 X 1/4 muscle deep on the left side of the head 3 above the left ear. All the injuries are described by the doctor as simple. The depth of the incised injuries is not more than 1/4 of an inch and the width of the contusions is not more than 3/4 . The area of the injury cannot be said to be a vital part of the body. The inj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsation to be paid to the dependants is found in Section 357 of the CrPC (Act 2 of 1974). The corresponding provision in the 1898 Code was Section 545. Section 545 of the CrPC (Act 5 of 1898) was amended by Act 18 of 1923 and by Act 26 of 1955. The amendment which is relevant for the purpose of our discussion is 545(1)(bb) which, for the first time was inserted by Act 26 of 1955. By this amendment the court is enabled to direct the accused, who caused the death of another person, to pay compensation to the persons who are, under the Fatal Accidents Act, entitled to recover damages from the persons sentenced, for the loss resulting to them from such death. In introducing the amendment, the Joint Select Committee stated when death has been caused to a person, it is but proper that his heirs and dependants should be compensated, in suitable cases, for the loss resulting to them from such death, by the person who was responsible for it. The Committee proceeded to state that though Section 545 of the Code as amended in 1923 was intended to cover such cases, the intention was not however very clearly brought out and therefore in order to focus the attention of the courts on this aspect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . If it is found that compensation should be paid, then the capacity of the accused to pay a compensation has to be determined. In directing compensation, the object is to collect the fine and pay it to the person who has suffered the loss. The purpose will not be served if the accused is not able to pay the fine or compensation for, imposing a default sentence for non-payment of fine would not achieve the object. If the accused is in a position to pay the compensation to the injured or his dependents to which they are entitled to, there could be no reason for the Court not directing such compensation. When a person, who caused injury due to negligence or is made vicariously liable is bound to pay compensation it is only appropriate to direct payment by the accused who is guilty of causing an injury with the necessary mens rea to pay compensation for the person who has suffered injury. 11. In awarding compensation as cautioned by this Court in a decision reported in Palaniappa Gounder v. State of Tamil Nudu 1977CriLJ992 , the Court should not first consider what compensation ought to be awarded to the heirs of the deceased and then impose a fine which is higher than ..... X X X X Extracts X X X X X X X X Extracts X X X X
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