EAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M Islam, learned counsel for the petitioner. Also heard Mr. D Nath, learned Senior Government Advocate for the respondents No.1, 3 and 4 respectively being the authorities under the Home and Political Department, Government of Assam as well as the District Legal Services Authorities South Salmara, Mankachar district and Ms. R S Chowdhury, learned counsel for the respondent No.3 being the Assam State Legal Services Authority. We also requested Mr. Ashok Saraf, learned Senior counsel to act as Amicus Curiae in the matter and have also heard the learned Amicus Curiae and appreciate that the submissions of the learned Senior Counsel have immensely contributed in arriving at the judgment.

(2.) The daughter of the petitioner namely Nilima Khatun was killed by slitting her throat by the accused on 31/3/2009 and in this respect South Salmara P.S. Case No.58/2009 had been registered amongst others, under Sec. 302 of the IPC. It is stated that the South Salmara P.S. Case No.58/2009 resulted in Sessions Case No.170/2010 in the Court of the learned Sessions Judge Dhubri which resulted in the judgment dt. 11/11/2014 wherein the accused person was convicted under Sec. 302 of the IPC and sentenced to life imprisonment.

(3.) In the circumstance, the petitioner made an application under Ss. 357(A) of the Cr.P.C., seeking for compensation being a victim. By the order impugned dt. 3/2/2022 of the Chairman, District Legal Services Authority, South Salmara Mankachar compensation as a victim was rejected by taking recourse to Clause 4(1) of the Notification dtd. 18/10/2012 of the Assam Victim Compensation Scheme 2012 (for short, the Scheme of 2012) by arriving at a conclusion that the petitioner failed to produce any relevant materal to show that the incident of causing death to his daughter Nilima Khatun had not resulted in the petitioner being unable to meet his both ends without any financial aid or that he had spent beyond his means on medical treatment of the victim.