JUDGMENT & ORDER : Siddharth, J. Heard Shri. Ajay Vikram Yadav and Shri. Raja Singh, learned counsel for the revisionist and Ms. Alpana Singh, learned A.G.A. appearing for the State. 2. This criminal revision has been preferred against the judgment and order dated 3.2.1990 passed by the Sessions Judge, Fatehpur, in Criminal Appeal No. 84 of 1989 dismissing the appeal of the revisionist and affirming the judgment and order dated 15.12.1989 passed by the Assistant Sessions Judge, Fatehpur in S.T. No. 166 of 1988 convicted the revisionist under section 307, I.P.C. and sentenced him to undergo five years rigorous imprisonment and pay fine of Rs. 1,000/-. In default of payment of fine to undergo further rigorous imprisonment of six months. 3. The brief facts of the case are that in the night of 29/30/8/1987 at about midnight Shyam Krishna Tewari was sleeping in the varandah outside his house. Three persons scaled the boundary-wall, in which one was accused-appellant, Man Singh and other two were not known from before. Accused Man Singh fired at Shyam Krishna Tewari, which hit in the chest of Shyam Krishna Tewari. Shyam Krishna Tewari took courage and pressed the injury of the chest by one hand and caught hold of the Katta from the other hand. He made an alarm to his brother, Ram Krishna, complainant calling "Ramu run. Man Singh has fired over him." On his alarm the complainant, his sister, mother and younger brother ran outside the house and made an alarm. On hearing the alarm all the three culprits tried to run away but Shyam Krishna Tewari did not release Man Singh. At this the other Badmash gave a Kulhari blow at the head of Shyam Krishna. He fell down. The uncle of the complainant (Ram Chandra Tewari) who was residing at a distance of 100 yards also came but they could not gather courage to fight with the assailants. Therefore, the assailant became successful in running away. By the side of Shyam Krishan a Philips Radio, one wrist watch, one torch, and one iron rod were kept which the culprits took away while running. The occurrence is said to be of the mid night of 29/30.07.1987. The FIR was lodged at 3:30 a.m. at the police station Khaga while the place of occurrence is at a distance of 12 kms. from the police station. The occurrence is said to be of the mid night of 29/30.07.1987. The FIR was lodged at 3:30 a.m. at the police station Khaga while the place of occurrence is at a distance of 12 kms. from the police station. In this context looking to the night, the injuries of the injured and the distance of the police station the F.I.R. cannot be said to be delayed. The F.I.R. was written on the spot by Ram Krishna Tewari, who took the victim on a tractor and lodged the FIR at the police station. The case was registered in the G.D. at Rapat No. 3 at 3:30 a.m. on 30.07.1987. The copy of the G.D. is Ext. Ka. 3. The chik report prepared on the basis of the original FIR Ext. Ka. 1 is Ext. Ka. 2. The investigation of the case was taken up by the S.I. Sri. Jagannath Singh, who visited the spot and took the blood stained chadar on which Shyam Krishna was lying and prepared the Fard Ext. Ka. 7. He also took blood stained Baniyan of the injured and prepared Fard, Ext. Ka. 8. On the spot the I.O. prepared the site plan Ext. Ka. 6 and after the investigation was completed he submitted charge sheet, Ext. Ka. 9 in the court. The injured was sent for medical examination at P.H.C. Khaga and was medically examined there at 4.40 a.m. of the said night. The doctor has found three injuries on the person of the victim, which are reproduced below:- (1) Lacerated wound 4 cm. x 5 cm. x scalp deep on the Rt. side of the skull 8 cm. above the right eye colour was red. (2) Multiple gunshot wounds of entry in an area of 14 cm.x 6 cm. on the front of the chest. The diameter of each wound was 2 cm. x 2 cm. x muscle and bone deep. The margins were inverted. Blackening and tattooing was present. (3) Burn in an area of 6 cm. x 5 cm. on the left palm by gun powder. Blisters were present. 4. Injury Nos. 1 and 3 were found simple. Second was kept under observation. Injury No. 1 was found to have been caused by blunt weapon, third by explosive object gun powder and second by firearm. The duration of the injuries was fresh. The injury report is Ext. Ka. 5. on the left palm by gun powder. Blisters were present. 4. Injury Nos. 1 and 3 were found simple. Second was kept under observation. Injury No. 1 was found to have been caused by blunt weapon, third by explosive object gun powder and second by firearm. The duration of the injuries was fresh. The injury report is Ext. Ka. 5. The X-ray of the injury No. 2 was done. The X-ray report Ext. Ka. 10 shows multiple radio opaque shadows of metallic density of different shape and size in the chest. There were pellets which were inside the injury. The X-ray report is Ext. Ka. 10 and the X-ray plate is Ext. 3. 5. After having been committed to the Court of Sessions accused Man Singh faced his trial before the Assistant Sessions Judge, who charged the accused of the offence u/Ss. 307 I.P.C. and 394 read with 397, I.P.C. 6. In support of its case the prosecution examined P.W. 1, Sri. Shyam Krishna Tewari. He is the injured P.W. 2, Sri. Ram Krishna Tewari is an eye-witness. He is also the informant. He has proved the FIR Ext. Ka. 1 P.W. 3 Sri. Man Mohan Tewari has proved the chick report and the entries of the G.D. and the Chitthi Mazroobi Ext. Ka. 4. P.W. 4 Sri. Ram Chandra Tewari is yet another eyewitness. P.W. 5 Dr. S. R. Singh is the doctor, who had examined the injuries of the victim. He has proved the injury report Ext. Ka. 5 P.W. 6 Sri. Jagannath Singh is the Investigating Officer. He has proved the investigation and the police papers. P.W. 7 Dr. M.H. Khan is the doctor, who had X-rayed the injury No. 2 of the victim. He has proved the supplementary report Ext. Ka. 10 and X-ray plate Ext. 3. 7. After this the prosecution closed its evidence and statement of the accused u/S. 313, Cr.P.C. was recorded. He was asked to enter into his defence. He filed the copy of his own statement recorded in a Criminal case u/S. 324, I.P.C in which the present complainant Ram Krishan and the victim Shyam Krishna were prosecuted. 8. After hearing the learned counsel for the parties the learned Assistant Sessions Judge found that the case u/Ss. 323/34, I.P.C. and 394 and 397, I.P.C. is not made out against the accused Man Singh. 9. Therefore, he acquitted him of these charges. 8. After hearing the learned counsel for the parties the learned Assistant Sessions Judge found that the case u/Ss. 323/34, I.P.C. and 394 and 397, I.P.C. is not made out against the accused Man Singh. 9. Therefore, he acquitted him of these charges. He found that the case u/s. 307 I.P.C. is fully proved against the accused, therefore, he convicted him u/s. 307 I.P.C. and sentenced him to five years R.I. and a fine of Rs. 1000/-, against which conviction and sentence the present appeal has been preferred. 10. Aggrieved by the judgment of the trial court, revisionist preferred Criminal Appeal No. 84 of 1989 before the appellate court and appellate court dismissed the appeal of the revisionist upholding the findings of the trial court. It further recorded the finding that sentence of five years rigorous imprisonment and fine of Rs. 1,000/- is not severe as per charges proved against the revisionist. 11. Learned counsel for the revisionist has argued that there is no material on record to prove that prior to the present implication the accused was ever involved in any crime. The other two co-accused named in the First Information Report were neither apprehended nor charge sheeted when one of them were alleged to have given Kulahri blow to the informant. 12. Learned counsel for the revisionist has submitted that remaining sentence of the appellant may be reduced to the sentence already undergone and fine may be imposed upon the revisionist. In the interest of justice since a very long time lapsed from the date of occurrence it would not be justified to sent revisionist to jail again. 13. Perusal of the record shows that occurrence took place on 29/30.08.1987, the trial court passed the judgment and order on 15.12.1989 and the appellate court rejected the appeal of the revisionist on 3.2.1990. About 31 years have passed and despite the fact that crime is affront to the human dignity, the argument of the counsel for the revisionist merits consideration. 14. The Hon'ble Supreme Court has urged all the Courts time and again to exercise this power liberally which was intended to reassure the victim that he or she is not forgotten in the criminal justice system and to meet the ends of justice in a better way. 14. The Hon'ble Supreme Court has urged all the Courts time and again to exercise this power liberally which was intended to reassure the victim that he or she is not forgotten in the criminal justice system and to meet the ends of justice in a better way. In Hari Kishan v. Sukhbir Singh, (1988) 4 SCC 551 : ( AIR 1988 SC 2127 ) the Supreme Court urged all courts to exercise their power under S. 357, Cr.P.C. liberally to safeguard the interests of the victim. In this case, the victim and his relatives were attacked by seven persons in the field. The victim received severe head injuries which impaired his speech permanently. The accused were convicted by trial court under S. 307, 323 and 325 of IPC read with S. 149 and sentenced to imprisonment for three to four years. On appeal, the High Court acquitted two accused and quashed the conviction of other five accused under S. 307/149, IPC, but maintained their conviction under S. 325/149, IPC. The accused persons were granted probation and each was directed to pay compensation of Rs. 2500/- to victim. On appeal, the Supreme Court did not disturb the sentence of imprisonment but ordered the accused persons to jointly pay a total compensation of Rs. 50,000/- to the victim under S. 357(3), Cr.P.C. recording following reasons: It is an important provision but Courts have seldom invoked it. Perhaps due to ignorance of the object of it. It empowers the Court to award compensation to victims while passing judgment of conviction. In addition to conviction, the Court may order the accused to pay some amount by way of compensation to victim who has suffered by the action of accused. It may be noted that this power of Courts to award compensation is not ancillary to other sentences but it is in addition thereto. This power was intended to do something to reassure the victim that he or she is not forgotten in the criminal justice system. It is a measure of responding appropriately to crime as well of reconciling the victim with the offender. It is, to some extent, a constructive approach to crimes. It is indeed a step forward in our criminal justice system. We, therefore, recommend to all Courts to exercise this power liberally so as to meet the ends of justice in a better way. 15. It is, to some extent, a constructive approach to crimes. It is indeed a step forward in our criminal justice system. We, therefore, recommend to all Courts to exercise this power liberally so as to meet the ends of justice in a better way. 15. In Ankush Shivaji Gaikwad v. State of Maharashtra, (2013) 6 SCC 770 : ( AIR 2013 SC 2454 ) the Supreme Court went a step further and observed that the award or refusal of compensation in a particular case may be within the Court's discretion, there exists a mandatory duty on the Court to apply its mind to the question in every criminal case. While the award or refusal of compensation in a particular case may be within the Court's discretion, there exists a mandatory duty on the Court to apply its mind to the question in every criminal case. Application of mind to the question is best disclosed by recording reasons for awarding/refusing compensation. It is axiomatic that for any exercise involving application of mind, the Court ought to have the necessary material which it would evaluate to arrive at a fair and reasonable conclusion. It is also beyond dispute that the occasion to consider the question of award of compensation would logically arise only after the court records a conviction of the accused. Capacity of the accused to pay which constitutes an important aspect of any order under S. 357 Code of Criminal Procedure would involve a certain enquiry albeit summary unless of course the facts as emerging in the course of the trial are so clear that the court considers it unnecessary to do so. Such an enquiry can precede an order on sentence to enable the court to take a view, both on the question of sentence and compensation that it may in its wisdom decide to award to the victim or his/her family. 16. In K.A. Abbas H.S.A. v. Sabu Joseph, (2010) 6 SCC 230 : (2010 AIR SCW 3398) the Apex Court made it clear that the whole purpose of the provision is to accommodate the interests of the victims in the criminal justice system. Sometimes the situation becomes such that no purpose is served by keeping a person behind bars. Instead directing the accused to pay an amount of compensation to the victim or affected party can ensure delivery of total justice. Sometimes the situation becomes such that no purpose is served by keeping a person behind bars. Instead directing the accused to pay an amount of compensation to the victim or affected party can ensure delivery of total justice. Therefore, this grant of compensation is sometimes in lieu of sending a person behind bars or in addition to a very light sentence of imprisonment. 17. Having an overall consideration of the fact situation and also time lag in between, the court is of the view that sentence of imprisonment of revisionist for offence under section 307, I.P.C. is reduced to the period already undergone to meet the ends of justice. The fine of Rs. 30,000/- is directed to be paid to the victim as compensation. The revisionist Man Singh is directed to deposit Rs. 30,000 (Thirty thousand) before the trial court and on receipt of the amount same shall be released in favour of the victim. In case of failure of deposit of the amount by the revisionist he shall be required to serve out the remaining sentence. 18. In view of the above the impugned judgment is modified to that extent. The revision is partly allowed.