STATE OF M.P.versusMEHTAAB

                        (2015] 1 S.C.R. 1116


A                          STATE OF M.P.
                                 v.
                             MEHTAAB
                 (Criminal Appeal No. 290 of 2015)

8                       FEBRUARY 13, 2015
       [T.S. THAKUR AND ADARSH KUMAR GOEL, JJ.)

        Code of Criminal Procedure, 1973 - s.357-A -
C Conviction u/s. 304A and 337 /PC - Sentence of 1 year and
  of 3 months for respective offences - Reduced by High Court
  to the period already undergone i.e. 10 days - On appeal,
  held: It is duty of Court to award just sentence - It is also duty
  of the Court to consider the aspect of rehabilitating the victim
o - Apart from the sentence, compensation is required to be
  paid by the accused - On failure of accused to pay the same,
   State is required to award the compensation - High Court not
  justified in reducing the sentence - Accused directed to pay
  compensation of Rs. 2 lakhs and in default would undergo RI
E for 6 months - State directed to pay interim compensation of
  3 /akhs and if the accused fails to pay the compensation, the
   State to pay further amount of Rs. 2 /akhs towards the
  compensation - Setnence/Sentencing - Penal Code, 1860
  - SS. 304A and 337.
F
        Partly allowing the appeal, the Court
       HELD: 1. It is the duty of the Court to award just
  sentence to a convict against whom charge is proved.
G While every mitigating or aggravating circumstance may
  be given due weight, mechanical reduction of sentence
  to the period already undergone cannot be appreciated.
  Sentence has to be fair not only to the accused but also
  to the victim and the society. It is also the duty of the court
H                             1116                               '
             STATE OF M.P. v. MEHTAAB                    1117


to duly consider the aspect of rehabilitating the victim.        A
Apart from the sentence and fine/compensation to be
paid by the accused, the Court has to award
compensation by the State under Section 357 A when the
accused is not in a position to pay fair compensation.
[Para 8] [1120-C-D, E-F]                                         B

     2. The respondent having been found guilty of
causing death by his negligence, the High Court was not
justified in reducing the sentence of imprisonment to 10
days without awarding any compensation to the heirs of           c
the deceased. The order of the High Court can be upheld
only with the modification that the accused will pay
compensation of Rs.2 lakhs to the heirs of the deceased
within six months. In default, he will undergo RI for six
months. The compensation of Rs.2 lakhs is being fixed            D
having regard to the limited financial resources of the
accused but the said compensation may .riot be adequate
for the heirs of the deceased. In such situation, in addition
to the compensation to be paid by the accused, the State
can be required to pay compensation under Section 357-           E
A Cr.P.C. It will be appropriate, in the interests of justice,
to award interim compensation of Rs.3 lakhs u/s. 357-A
payable out of the funds available/to be made available
~y the State Government with the District Legal Services,
                                                                 F
Authority. In case, the accused does not pay the
compensation, the State will pay the entire amount of
compensation of Rs.5 lakhs within three months after
expiry of the time granted to the accused. [Para 1O] [1121-
H; 1122-A-D, E-F]                                                G
      Suresh vs. ~tate of Haryana 2015 (2) SCC 227 - relied
on.
                     Case Law Reference:
      2015 (2)   sec 221        relied on           Para a       H
    1118    SUPREME COURT REPORTS               [2015) 1 S.C.R.


A       CRIMINAL APP ELLATE JURISDICTION : Criminal Appeal
    No. 290 of 2015.

      From the Judgment and Order dated 06.11.2012 of the
  High Court of Ma~hya Pradesh, Judicature at Jabalpur Bench
B at Gwalior in Crl. .Revision No. 72 of 2007.

        C. 0. Singh, Sakshi Kakkar for the Appellant.

        Pragati Neekhra for the Respondent.

C       The Judgment of the Court was delivered by

        ADARSH KUMAR GOEL J. 1. Leave granted.

       2. This appeal has been preferred by the State of Madhya
0 Pradesh against judgment and order dated 6th November,
  2012 passed by the High Court of Madhya Pradesh at Gwalior
  in Criminal Revision No. 72 of 2007 reducing the sentence
  awarded to the respondent under Section 304A of the Indian
  Penal Code ("IPC") from RI for one year and under Section 337
E IPC from RI for three months to RI for 10 days which was the
  period already undergone by him.

       3. On 22nd November, 1997, the deceased Sushila Bai
  wife of PW 4 Ram Charan along with her husband was returning
F from Village Ragho Garh to their home in village Kudhaidher.
  The respondent accused had drawn electricity wire from the
  pole upto his field which was not visible in the darkness. Ram
  Charan got trapped in the wire and became unconscious. The
  deceased Sushila Bai received electric shock in the process
G of removing the wire. On receiving the information PW 5
  Mishrilal, brother of Sushila Bai and PW 1 Kalfu reached the
  site of the incident along with PW 3 Goverdhan and PW 2
  Somlal. It was found that Sushila Bai had died while Ram
  Charan was injured but alive. He was taken to the hospital. FIR
H
              STATE OF M.P. v. MEHTAAB                      1119
              [AD~RSH KUMAR GOEL, J.]

was lodged. Post mortem was conducted on the dead body and          A
after investigation, the respondent accused was sent up for trial
under Section 304-A/337 IPC. The accused denied the
allegations and alleged that he was falsely implicated.

     4. The prosecution examined PW 6 Dr. N.K. Sharma to            B
the effect that the deceased and Ram Charan received injuries
by electric current and that Sushila Bai had died due to shock
of the current. PW 1 Kallu as well as PW 4 Ram Charan clearly
deposed that the wire was laid by Mehtaab from the pole to
the field which was lying naked and resulted in the death of        C
Sushila Bai. This action clearly amounted to the offence
alleged. The said evidence was corroborated by the other
witnesses. Accordingly, the trial Court convicted the respondent-
accused under Section 304A and 337 IPC and sentenced him
to undergo RI for one year and pay fine of Rs.500/- in default      D
to undergo further RI for one month under Section 304-A and
to undergo RI for three months under Section 337 IPC. The
conviction and sentence having been upheld by the Court of
Session, the respondent preferred a revision petition before the    E.
High Court. The respondent did not challenge his conviction but
only sought reduction in sentence of imprisonment. The said
prayer was accepted and the sentence was reduced to the
period already undergone.

   5. Aggrieved by the order of the High Court, the State of        F
Madhya Pradesh has preferred this appeal.

     6. We have heard learned counsel for the parties.

      7. Learned counsel for the State submitted that the           G
accused respondent had installed a transformer in his field and
left the electric wires naked which was a negligent act. The
deceased Sushila Bai died on account of the said naked wire
which had high voltage and was not visible in the dark. The
                                                                    H
    1120      SUPREME COURT REPORTS                   [2015] 1 S.C.R.


A 'Offence having been fully proved by the evidence on record, the
   High Court was not justified in reducing the sentence to 10 days
   which was not just and fair. Even if liberal view on sentence of
   imprisonment was to be taken, the High Court ought to have
   enhanced the sentence of fine and awarded a reasonable
B compensation as a condition for reduction of sentence.

          8. We find force in the submission. It is the duty of the Court
    to award just sentence to a convict against whom charge is
    proved. While every mitigating or aggravating circumstance
C   may be given due weight, mechanical reduction of sentence to
    the period already undergone cannot be appreciated. Sentence
    has to be fair not only to the accused but also to the victim and
    the society. It is also the duty of the court to duly consider thil
    aspectof rehabilitating the victim. Unfortunately, these factors
D   are missing in the impugned order. No cogent reason has been
    assigned for imposing only 10 days sentence when an innocent
    life has been lost. Award of unreasonable compensation has
    also not been considered. Apart from the sentence and fine/
    compensation to be paid by the accused, the Court has to
E   award compensation by the State under Section 357A when
    the accused is not in a position to pay fair compensation as
    laid down by this Court in Suresh vs. State of Haryana
    (Criminal Appeal No.420 of 2012 decided on 28th November,
F   2014). This Court held :

         "14. We are of the view that it is the duty of the Courts,
         on taking cognizance of a criminal offence, to ascertain
         whether there is tangible material to show commission of
         crime, whether the victim is identifiable and whether the
G
         victim of crime needs immediate financial relief. On
         being satisfied on an application or on its own motion,
         the Court ought to direct grant of interim compensation,
         subject to final compensation being determined later.
H        Such duty continues at every stage of a criminal case
             STATE OF M.P. v. MEHTAAB                      1121
             [ADARSH KUMAR GOEL, J.]

    where compensation ought to be given and has not been           A
    given, irrespective of the application by the victim. At the
    stage of final hearing it is obligatory on the part of the
    Court to advert to the provision and record a finding
    whether a case for grant of compensation has been made
                                                                    B
    out and, if so, who is entitled to compensation and how
    much. Award of such compensation can be interim.
    Gravity of offence and need of victim are some of the
    guiding factors to be kept in mind, apart from such other
    factors as may be found relevant in the facts and               c
    circumstances of an individual case. We are also of the
    view that there is need to consider upward revision in the
    scale for compensation and pending such consideration
    to adopt the scale notified by the State of Kera/a in its
    scheme, unless the scale awarded by any other State or          D
    Union Territory is higher. The States of Andhra Pradesh,
    Madhya Pradesh, Meghalaya and Telangana are
    directed to notify their schemes within one month from
    receipt of a copy of this order. We also direct that a copy
    of this judgment be forwarded to National Judicial              E
    Academy so that all judicial officers in the country can
    .be imparted requisite training to make the provision
    operative and meaningful. "

     9. As per information furnished by learned counsel for the     F
State, the accused Mehtaab has three sons and he owns 10-
12 bighas of land and his annual income was Rs.35-40,000/-.
Similarly his sons were earning Rs.25-30,000/- per annum. The
Court of Session has mentioned the age of the deceased to
be thirty years at the time of her death in the year 1997. As per   G
instructions of learned counsel for the State, deceased is
survived by her husband Ram Charan, two sons Bundel Singh
and Suraj Lal an~ two daughters Durgesh Bai and Babita Bai.

    10. As already observed, the respondent having been             H
    1122       SUPREME COURT REPORTS             [2015] 1 S.C.R.


A found guilty of causing death by his negligence, the High Court
  was not justified in reducing the sentence of imprisonment to
  10 days without awarding any compensation to the heirs of the
  deceased. We are of the view that in the facts and
  circumstances of the case, the order of the High Court can be
8
  upheld only with the modification that the accused .will pay
  compensation of Rs.2 lakhs to the heirs of the deceased within
  six months. In default, he will undergo RI for six months. The
  compensation of Rs.2 lakhs is being fixed having regard to the
c limited financial resources of the accused but the said
  compensation may not be adequate for the heirs of the
  deceased. In such situation, in addition to the compensation
  to be paid by the accused, the State can be required to pay
  compensation under Section 357-A. As per judgment of this
D Court in Suresh (supra), the scheme adopted by the St~te of
  Kerala is applicable to all the States and the said scheme
  provides for compensation upto Rs.5 lakhs in the case of death.
  In the present case, it will be appropriate, in the interests of
  justice, to award interim compensation of Rs.3 lakhs under
E Section 357-A payable out of the funds available/to be made
  available by the State of Madhya Pradesh with the District
  Legal Services, Authority, Guna. In case, the accused does not
  pay the compensation awarded as above, the State of Madhya
  Pradesh will pay the entire amount of compensation of Rs.5
F lakhs within three months after expiry of the time granted to the
  accused.

         11. The appeal is accordingly allowed to ihe above extent.

G   Kalpana K. Tripathy                          Appeal Partly allowed,