Ram Niwas v. State Of Haryana & ANR

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 08.07.2015 Ram Niwas ..... Petitioner

Versus

State of Haryana and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH 1.

Whether Reporters of the local papers may be allowed to see the judgment?

2.

To be referred to the Reporters or not?

3.

Whether the judgment should be reported in the digest? PRESENT: Mr. Manish Soni, Advocate for the petitioner. Mr. SS Pannu, DAG, Haryana.

Mr. JS Ghumman, Advocate for respondent No. 2. R.P. NAGRATH, J.

CRM-14713-2015 Prayer in the instant application filed under Section 5 of the Limitation Act is for condonation of delay of 625 days in filing the instant revision.

Learned State counsel and learned counsel for respondent No. 2 do not want to file any reply to this application. For the reasons stated in the application which is supported by an affidavit, the same is allowed and delay of 625 days in filing the instant revision is condoned.

-2CRR-1624-2015 The instant revision has been filed against the judgment dated 24.04.2013, passed by the learned Additional Sessions Judge, Gurgaon in Sessions Case No. 44 of 2011/2012, arising out of FIR No. 119 dated 28.08.2011 registered under Sections 324/506/307 of the Indian Penal Code (IPC) at Police Station Udyog Vihar, Gurgaon, resulting into conviction of respondent No. 2-Naveen. The petitioner seeks enhancement of sentence awarded to respondent No. 2 and further a direction to the respondents to pay adequate/suitable compensation after considering the medical condition of the complainant. The complainantrevisionist has virtually become crippled because of injuries. 2.

CRA-S-1651-SB-2013, filed by respondent No. 2 against the judgment of conviction 24.04.2013 and order of sentence dated 27.04.2013, passed by the learned Additional Sessions Judge, Gurgaon has been dismissed on merits by this Court vide separate judgment of even date, with modification in the quantum of sentence and also acquittal of respondent No. 2 under Section 506 (2) IPC. 3.

I have heard learned counsel for the petitioner, learned State counsel, learned counsel for respondent No. 2 and carefully perused the record.

4.

Learned counsel for the petitioner has confined his contention only qua the award of compensation. It is submitted by learned petitioner's counsel that the petitioner spent about ` 30 lacs for his treatment and he is still undergoing treatment. It is further submitted that condition of petitioner is so serious that he has always to take help of

-3the attendant for his routine work. There is medical evidence comprising of four doctors already discussed in the Criminal Appeal against conviction filed by respondent No. 2 which establishes the pathetic physical condition of the petitioner who has become physically crippled. Such a person deserves to be adequately compensated as he definitely deserves rehabilitation.

5.

State of Haryana has prepared a scheme in terms of Section 357A Cr.P.C. called Haryana Victim Compensation Scheme, 2013 (for short 'the Scheme of 2013'). Section 357A Cr.P.C. reads as under:- "357A. Victim compensation scheme.-- (1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.

(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to sub-section (1).

(3) If the trial Court, at the conclusion of the trial, is satisfied that the compensation awarded under Section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the Victim has to be rehabilitated, it may make

-4recommendation for compensation.

(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.

(5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.

(6) The State of the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit." 6.

I find the present to be a fittest of the case where such a recommendation is required. The instant revision is, therefore, disposed of with a recommendation for award of compensation to the petitioner under the Scheme of 2013 and the District Legal Services Authority, Gurgaon shall decide the question of compensation awarded to the petitioner in accordance with the Scheme of 2013. Rule 9 of the Scheme

-5of 2013 otherwise provides the forum for filing appeal against the compensation awarded by the District Legal Services Authority, before the State Legal Services Authority, within a specified period. July 08, 2015 ( R.P. NAGRATH ) rishu JUDGE