Research › Search › Judgment

Jharkhand High Court · body

2018 DIGILAW 1127 (JHR)

Saira Bibi @ Saura Bibi v. State Of Jharkhand

2018-05-15

S.N.PATHAK

body2018
JUDGMENT S N Pathak, J. – The petitioner has approached this Hon''ble Court with a prayer for a direction upon the respondents for payment of sum of Rs.25,00,000/- by way of compensation, as the husband of the petitioner was killed by the miscreants and hanged his body on the tree against whom Balumath P.S. Case No. 42/2016 was registered u/Sections 302 and 201/34 of the Indian Penal Code and further prayer has been made for providing govt. job to the one of dependants of the deceased. 2. Learned Counsel for the petitioner places reliance on reported judgment of the Hon''ble Apex Court ( Suresh Vs. State of Haryana , (2015) AIR SC 518). Learned Counsel further submits that there is a provision of victim compensation under Section 357-A of the Code of Criminal Procedure regarding Victim Compensation Scheme. The reliance portion of Section 357-A of the Code of Criminal Procedure is reproduced herein below:- 357-A Victim Compensation Scheme- (1) Every State Government in coordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim of 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 in subsection (1). 3. In view of the specific provision of Section 357 A of the Code of Criminal Procedure, I hereby direct the petitioners to appear before the Member Secretary, JHALSA on 26.06.2018. On her appearance and placement of the case, the Secretary shall do needful in view of Section 357 A of the Criminal Procedure Code and also taking into consideration the directions of the Hon''ble Apex Court and take a decision on the quantum of compensation to be granted to the petitioners in addition to what she has already been received. 4. It is made clear that already in view of the direction of NALSA, JHALSA has taken several steps for granting victim compensation. It is a fit case in which JHALSA should take initiative and immediate steps for grant of victim compensation to the petitioner. 4. It is made clear that already in view of the direction of NALSA, JHALSA has taken several steps for granting victim compensation. It is a fit case in which JHALSA should take initiative and immediate steps for grant of victim compensation to the petitioner. The Member Secretary, JHALSA shall do the needful and pass order in the aforesaid matter, within a period of eight weeks from her appearance and the same shall be communicated to the petitioner within a further period of two weeks. 5. As far as the claim of the petitioner for providing government job to the one of the dependants of the deceased is concerned, the petitioner is at liberty to file a separate writ petition for appointment. 6. With the aforesaid observation, writ petition stands disposed of.