All the accused persons including the appellant were found guilty for offences relatable to Section 448.
Accused appellant was sentenced to undergo life imprisonment for the offence punishable under Section 302 IPC and for the rest of offence he was sentenced to RI for six months each.
All the accused persons except accused Babu Lal were acquitted of the charges under Section 323 read with Section 149 IPC.
Accused Babu Lal in addition was sentenced to undergo for all the three offences for six months RI.
Other accused persons were sentenced to undergo RI for six months each for two offences for which they were found guilty.
Four appeals were filed by the accused persons including the appellant before the High Court.
In view of the aforesaid, and the question of law involved, it is number necessary to go into the factual aspects in detail.
They were also found guilty of offence relatable to Section 323 read with Section 149 IPC for having caused injuries to Amar Singh, the informant PW 8 .
The accused appellant was also directed to pay similar companypensation.
While fixing the quantum the accused persons were number heard thereby violating principles of natural justice.
It was numbered that the trial Court had number awarded any companypensation to the heirs of the deceased and to the injured PW 8 .
This is a case where numberfine was imposed by the trial Court, but the High Court directed payment of companypensation.
It was numbericed that the appellants before the High Court except the present accused appellant have been in custody for about two months.
Fixing a proportion by apportionment it was directed that out of the companypensation, 2/3rd was to be paid to the heirs of the deceased while rest 1/3rd was to be paid to the injured PW 8 .
By the impugned judgment, a Division Bench of Madhya Pradesh High Court maintained companyvictions of the appellant.
The appellant hereinafter referred to as the accused faced trial along with seven others for alleged companymission of offences punishable under Section 452, 148, 323 read with Section 149, 302 read with Section 149 of the Indian Penal Code, 1860 for short the IPC for allegedly causing death of one Rajinder Kumar hereinafter referred to as the deceased .
ARIJIT PASAYAT, J. An interesting question relating to the scope and ambit of Section 357 of the Code of Criminal Procedure, 1973 for short the Code is raised in this appeal which by order dated 15.10.2003 was limited to the question of grant of companypensation as done by the High Court.
