Case Note & Summary
The case involved an appeal by the accused-appellant Mangilal against the High Court's order regarding compensation under Section 357 of the Code of Criminal Procedure, 1973. The appellant was convicted along with others for various offences under the Indian Penal Code, 1860, including murder and causing injuries. The trial court sentenced the appellant to life imprisonment for murder and imposed additional sentences for other offences. The High Court maintained the convictions but directed all accused, including the appellant, to pay compensation to the heirs of the deceased and the injured party. The appellant contended that the High Court did not consider the principles of natural justice when awarding compensation, as he was not given a chance to be heard. The State argued that no hearing was necessary for compensation awards. The Supreme Court analyzed Section 357, noting that while subsection (1) requires a fine to be imposed for its application, subsection (3) allows for compensation even without a fine. The court emphasized the need for a hearing before compensation is awarded, stating that the principles of natural justice must be observed. It concluded that the High Court's order for compensation was set aside, and the matter was remitted back for a hearing on the compensation issue, specifically for the appellant, without expressing any opinion on the merits of the compensation claim. The appeal was allowed to the extent indicated.
Headnote
A) Criminal Procedure - Compensation - Right to Hearing - Section 357, Code of Criminal Procedure, 1973 - The court held that the principles of natural justice require that an accused must be given an opportunity to be heard before compensation is awarded under Section 357(4) of the Code. The court set aside the High Court's direction for payment of compensation and remitted the matter back for adjudication with an opportunity for the accused-appellant to present his case (Paras 1-5).
Issue of Consideration
Whether the accused-appellant was entitled to a hearing before the High Court awarded compensation under Section 357 of the Code of Criminal Procedure, 1973.
Final Decision
The Supreme Court set aside the High Court's direction for payment of compensation and remitted the matter back for a hearing on the compensation issue, specifically for the accused-appellant.
Law Points
- Compensation
- Section 357
- Code of Criminal Procedure
- 1973
- principles of natural justice
- hearing before compensation
- judicial discretion
