HINDU SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) BRIEF facts of the case which need to be narrated for the purpose of disposal of this petition are that one Hindusingh son of Laxman Balai was convicted and sentence for offence punishable under sections 326 and 323 IPC. He preferred Criminal Revision No. 134 of 1989 before this Court. This revision petition was decided on 14.2.92 with a direction that sentence of imprisonment of R.I. for one year for offence punishable under S. 326 IPC be reduced to the period of sentence of imprisonment already undergone by said Hindusingh. The sentence of fine was enhanced from Rs. 500/ - to Rs. 3,000/ -. Sentence passed against Hindusingh for offence under S. 323 IPC was set aside and he was directed to pay a fine of Rs. 500/ - in lieu of that. Out of the fine realised from him Rs. 2,500/ - were directed to be paid to injured Narayansingh by way of compensation.

(2.) THE said Hindusingh died on 5.9.91 and the heirs of Hindusingh are challenging the order of recovery of the amount of fine from them by contending that they have not inherited any property from the said Hindusingh. They are making a prayer that the proceeding for recovery of the amount initiated against them be dropped by invoking powers of this Court under section 482 of Criminal Procedure Code, 1973 (hereinafter referred to as the Code for short). A certificate granted by Sarpanch of Grampanchayat Umariabada, Tahsil and District Dhar filed with the petition shows that the said Hindusingh son of Laxman resident of Umariabada had expired on 5.9.91. When this Court passed order in Criminal Revision No. 134 of 1989, the said Hindusingh had already expired. However, it appears that this fact was not brought to the notice of the Court by counsel appearing for the litigating parties. It may be on account of lack of information with them.

(3.) HAD the fact that Hindusingh had expired before the date of hearing of the revision petition been brought to the notice of this Court, the Court would not have probably enhanced the amount of fine. Even in that event the Court would have taken a decision whether the amount of fine should be recovered from the legal heirs of Hindusingh or not. If the Court would have thought it fit to recover the amount of fine from the legal heirs of Hindusingh, the Court would have initiated a preliminary enquiry for finding out as to who are his legal heirs and whether they had inherited any property from deceased Hindusingh. In that event this Court could have also taken a decision fit in the circumstances.