MUNNI DEVI Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Petitioner Munni Devi is the wife of deceased Bijender Singh who was murdered. The case of murder was tried by learned Sessions Judge, Gurgaon. Accused Parveen who faced the trial was convicted under Section 302 IPC and was sentenced to undergo life imprisonment and pay a fine of Rs. 2000/- and in default of payment of fine, to further undergo simple imprisonment for a period of 1 year.

(2.) The present revision is filed by the wife of the deceased praying for award of compensation to the dependents of deceased Bijender Singh. The observation made by the trial Judge was that the sentence awarded to convict Parveen includes sentence of fine. Therefore, no compensation under Section 357(3) Cr.P.C. can be granted to the persons entitled to recover damages from the convict for loss suffered because of the death of Bijender Singh. But the fact remains that the trial Court considering the facts and circumstances of the case recommended invoking the provisions under Section 357(A) Cr.P.C. that the District Legal Services, Gurgaon may determine the compensation to be awarded under the Victim Compensation Scheme to the dependents of deceased Bijender Singh.

(3.) Learned counsel appearing for the petitioner, referring to Section 357(1), 357(3) and Section 357A Cr.P.C., in the background of the decision of the Hon'ble Supreme Court in Ankush Shivaji Gaikwad vs. State of Maharashtra, 2013 2 RCR(Cri) 1036 , and Jage Ram and others vs. State of Haryana, 2015 1 RCR(Cri) 802 , submitted that imposition of fine as part of the sentence does not debar the Sessions Judge under Section 357(3) Cr.P.C. to grant compensation.