Payment of money to deceased family even though served life imprisonment
SANJAI KUMAR SINGH
(Querist) 11 December 2011
This query is : Resolved
I was imprisoned for Life by a Sessions Court under Sec302 of the IPC. This was subsequently reduced to 7years by the High Court under Sec304A,and I was released from jail on completion of Sentence. Subsequently I was asked to pay Compensation of 5 Lacs to the Deceased’s family by another Court under the Fatal Accidents Act. Does this not amount to a case of ‘Double Jeopardy’ (Art20 cl3 of the constitution of India) in that I am being punished twice for the same offence ? Am I duty bound to pay this amount of Rs 5 Lacs to the affected Family as awarde by another court? Please advise.
Shonee Kapoor
(Expert) 11 December 2011
Go back to original thread.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SANJAI KUMAR SINGH
(Querist) 12 December 2011
I beg to disagree with the comments given above because there is a Ruling that two seperate courts can not try a person for the same offense (unfortunately i cant locate that Ruling right now,hence this query to the experts)!Also If this was correct that a person sentenced for Homicide can be asked to pay compensation also then how come no one (to my knowledge) has been asked to do so ??Could some one give me an example ? thank you.There are thousands of people convicted of Murder and none of them have been asked to pay (except for the fine given by the first Trial court).Also the payment of 5 Lacs is Under Fatal ACCIDENTSS Act.This WAS NOT AN ACCIDENT,BUT HOMICIDE .Could you please elucidate ??
Guest
(Expert) 12 December 2011
Had you posted your supplementary query along with original thread, the experts would easily have reviewed their answers with reference to your last post before my post.
SANJAI KUMAR SINGH
(Querist) 12 December 2011
Dear Sir (Mr.Dhingra),
Unfortunately i am not very computer savvy and am unable to get on to the original 'thread'.I will be very grateful if you could help me in getting an answer(s) to my query.with thanks and regards.
Guest
(Expert) 12 December 2011
Dear Sanjai,
In that case, you were simply required to add your present post in the place meant for reply/message and would have clicked "submit", in the similar fashion, as you have posted your reply here after my post. However, as desired, for the convenience of the experts, I am placing the original thread link below for reference sake:
http://www.lawyersclubindia.com/experts/Payment-of-money-to-deceased-family-even-though-served-life-imprisonment-258161.asp
However, about your supplementary information, I may point out to you that you have not provided appropriate information about the section of relevant law under which you were ordered to pay 5 lakhs by the other court, while your previous case refers to section 302 & 304A. Still further, you have also not provided the information whether you took the plea about your previous case pertaining to 302/304A and if brought to notice, what was the observation of the other court which ordered to pay compensation?
In fact, partial information cannot fetch you the real solution to your problem. So, irrespective of whether you agree or disagree with experts opinions, You got the appropriate answer from them based on whatever invormation you tried to share with them through your main question.
To be frank, multiplicity of the same question posted at different places cause only confusions instead of getting proper solution. That is why experts don't prefer to reply merely by pointing out towards the instance of "repeated question."
SANJAI KUMAR SINGH
(Querist) 12 December 2011
Dear Mr.Dhingra,
my sincere and profuse apologies to you and all the people who had the courtesy to reply to my Half-baked problem.Please allow me to address the problem afresh keeping in mind your comments on my ill written query.I beg your indulgence in allowing me a day to rephraze my query giving a clearer picture.With my grateful thanks,SKSingh
SANJAI KUMAR SINGH
(Querist) 13 December 2011
Dear Sirs,Please allow me to rephraze my Query,which is:-
Can a person who has been awarded 7 Years RI + Rs5000/-fine, by a High Court under Sec 304A ,and and has completed his sentence : be asked to pay Compensation of Rs 5 Lacs by another ADJ Civil or Criminal Court for the same incident/offence,under the FATAL ACCIDENTs ACT '50,or any other Act,Civil or Criminal ?
Hope my question is now clearer.Your indullgence is sought in resolving my dilemma.Thanking you,SKSingh
