Criminal Appeal No. 253 of 2009(SJ) *** Against the judgment and order dt. 28.2.2009 passed by Sri Rajbansh Dwivedi, Additional Sessions Judge, FTC 6, Saharsa, in S. T. No. 184 of 2008. *** 1. Kari Choudhari, son of Janki Choudhari, 2. Chamru Sada, son of Shyam Sada, 3. Khecho Sada, son of late Akalu Sada, 4. Thithar Chouhdari, son of late Janki Choudhari, All resident of village- Ranginia, Police Station- Bakhtiyarpur, District- Saharsa …. Appellants Versus The State of Bihar …. Respondent *** For the appellants : Mr. Vikram Deo Singh, & Dharmendra Kumar Singh, Advocates. For the respondent : Mr. S. N. Prasad, A. P. P. *** P R E S E N T Hon’ble Justice Smt. Anjana Prakash *** Anjana Prakash, J. Appellant nos. 1, 2, 3 and 4 have been convicted for the offence under section 323 of the Indian Penal Code and released on probation of good conduct and for paying Rs.2500/- each as compensation to Ragho Choudhary (P.W.7) and appellant no.3 has also been convicted for the offence under section 325 of the Indian Penal Code and release on probation of good conduct and sentenced to pay Rs.2500/- as compensation to P.W.7 on executing a bond of rupees three thousand for a period of three years. 2. The appeal was admitted on the ground that the court did not have the power to pay the compensation while sentencing the accused. However, this does not appear to be in conformity with law since section 5 of the Probation of Offenders Act, 1958, stipulates thus: “5. Power of Court to require released offenders to pay compensation and costs-- (1) The Court directing the release of an offender under section 3 or section 4, may, if it thinks fit, make at the same time a further order directing him to pay--- (a) such compensation as the Court thinks reasonable for loss or injury caused to any person by the commission of the offence; and - 2 - (b) such costs of the proceedings as the Court thinks reasonable. (2) The amount ordered to be paid under sub- section (1) may be recovered as a fine in accordance with the provisions of sections 386 and 387 of the Code. (3) A Civil Court trying any suit, arising out of the same matter for which the offender is prosecuted, shall take into account any amount paid or recovered as compensation under sub- section (1) in awarding damages.” In addition, section 357(3) of the Code of Criminal Procedure also envisages payment of compensation to any person, who has suffered any loss or injury by reasons of the act of the accused person, who has been sentenced. 3. At this stage, learned counsel for the appellant submits that in any view of the matter, the compensation imposed is excessive and it may be reduced to such extent which they would be in a position to pay. Moreover, it has been submitted that the appellant nos. 1 and 4 are own brothers and all the four appellants belong to a very poor class and, therefore, in the interest of justice the compensation directed to be paid to P.W.7 should be reduced to rupees one thousand each. 4. Taking into consideration the entire background of the case, in my opinion also, compensation of rupees one thousand each to P.W.7 would meet the ends of justice which shall be payable within three months of the receipt of a copy of this judgment in the court below. 5. In the result, the appeal is dismissed with modification in the compensation to the extent indicated above. (Anjana Prakash, J.) Patna High Court, Patna. Dated the 28th October,2009. NAFR/ JA/-