Karann Dass vs State Of J&K ....Non-Applicant/
2021 Latest Caselaw 563 j&K

                                                                 Serial No.105

               HIGH COURT OF JAMMU AND KASHMIR
                           AT JAMMU
                          (THROUGH VIRTUAL MODE)
                                                      CrlM (616/2021)
                                                      IN CRA 27/2004


Karann Dass                                                  ...Applicant(s)


                           Through:- Mr. Sachin Gupta, Advocate

                           v/s

State of J&K                                 ....Non-applicant/Respondent(s)

                           Through:-


Coram:        HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
                                       ORDER

,

1. This application has been filed by the applicants seeking release

of compensation awarded in favour of deceased-victim (Tarsem Lal) in their

favour inequal proportion.

2. In the application it is averred that the applicants happen to be

legal heirs of the deceased Tarsem lal, who had suffered a murderous attack

from one Karan Dass Alias Billu, as a result of which FIR No. 280/1995 for

offence under Section 370 RPC came to be registered with Police Station,

Kathua. Upon completion of the investigation a charge-sheet was laid

against the accused-Karan Dass before the learned Sessions Judge, Kathua

and vide judgment dt.25.10.2004 passed by the learned Sessions Judge, the

aforesaid Karan Dass was convicted for offence under Section 307RPC and

he was sentenced to undergo rigorous imprisonment of 10 years and to pay a

fine of Rs. 5000/-.

3. The aforesaid judgment came to be challenged by the convict

vide appeal bearing No. CRA 27/2004. The said appeal came to be decided 2 CrlM 616/2021

by this Court in terms of judgement dated 01.02.2019. While upholding the

conviction of the accused, this Court observed as under:-

In view of above discussion and sequence of events as discussed above, I do not find any perversity in finding of court below that accused/ appellant on 23.10.1995 at about 7pm at Padyari with intention to kill, on previous enmity, inflicted a blow of lathi on the head of Tarsem Lal S/o Roop Lal, as a result of which injured was seriously injured and till today he is unable to speak. So far as sentence part is concerned, there are mitigating circumstances for imposing lesser sentence than the one passed by trial court as the occurrence had taken place in 1994 and appellant was convicted in 2004 after ten years; now present appeal is lying since 2004 more than 14 years. Further, no compensation has been given to victim, who is still on bed. So a balance can be struck by imposing lesser sentence of imprisonment with increase of fine so as to give compensation to victim. In view of above, the appellant is sentenced to rigorous imprisonment for 3 years under section 307 RPC; however fine is enhanced to two lakh rupees and in default of payment of fine, he shall undergo further rigorous imprisonment for one year. I further direct that out of the amount of Rs.2 lakh, if realized, Rs.1,90,000/-, shall be paid to victim as compensation under Section 545 Cr. P.C.

4. Thus, in terms of the aforesaid judgment, out of the amount of

fine imposed upon the convict, a sum of Rs. 1,90,000/- was payable to the

victim, namely, Tarsem Lal S/o Roop Lal.

5. It is averred in the application that victim- Tarsem Lal has

passed way before the amount of compensation could be released in his

favour and in this regard the applicants, who claim to be the legal heirs of

the victim, have placed on record a copy of death certificate of Tarsem Lal

and a copy of legal heir certificate issued by Tehsildar, Kathua in their 3 CrlM 616/2021

favour. From the documents placed on record by the applicants it is clear

that victim-Tarsem Lal S/o Roop Lal has died on 09.12.2016 and the

applicants happen to be his legal heirs. The applicants being legal heirs of

the victim-Tarsem Lal are entitled to receive the amount of compensation

awarded in favour of the victim in terms of judgment dated 01.02.2019

passed by this Court.

8. Accordingly, the application is allowed and Registrar Judicial

of this Court is directed to release an amount of Rs. 1,90,000/- in favour of

the applicants in equal shares, provided the amount of compensation has

been deposited by the appellant-convict before this Court.

9. Application stands disposed of, accordingly.

(SANJAY DHAR) JUDGE Jammu 24.05.2021 Bir Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No