RAMPHAL YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court impugning the order dated 6.5.2015 passed by the Secretary, District Legal Services Authority, Narnaul, whereby the application filed by him for grant of compensation under Section 357(A) Cr. P.C., was rejected and order dated 7.10.2015, passed in appeal against the aforesaid order by the Member Secretary, Haryana State Legal Services Authority-cum-Appellate Authority, upholding the order passed by the District Legal Services Authority.

(2.) Learned counsel for the petitioner submitted that son of the petitioner was murdered. FIR No. 301 dated 14.10.2013 was registered at Police Station Kanina, District Narnaul. After the trial, the accused were convicted by the learned Additional Sessions Judge, Narnaul, vide judgment dated 13.3.2015 and vide order dated 17.3.2015, they were sentenced to undergo life imprisonment with fine. In the judgment, the learned Additional Sessions Judge directed that the amount of compensation recovered from the convicts will be paid to the parents of the deceased as compensation. The petitioner filed application on 30.3.2015 before the Secretary, District Legal Services Authority, Narnaul, for grant of compensation under Section 357(A) Cr.P.C. in terms of the Haryana Victim Compensation Scheme, 2013 (hereinafter to be referred as, 'the Scheme').

(3.) The application was dismissed vide order dated 6.5.2015. The order was upheld in appeal. The submission is that once son of the petitioner was murdered and the accused were even convicted, the petitioner deserved to be paid compensation as a victim. The denial of that cannot be legally sustained.