Law:

Section:

Criminal Procedure Code (V of 1898)- -- Ss. 544-A & 545(i)(b)-Compensation-Provision of S. 544-A-­Mandatory-Court bound to award compensation unless for reasons to be recorded it considers otherwise-Lower Court while imposing fine omitting to consider provision of S. 544-A and thereby failing to discharge its statutory duty fine could be directed to be paid to any person as compensation under S. 545(i)(b)-Regard being had to injuries suffered by appellant resulting in loss of his faculties of sight and speech, Re. 10,000 out of fine of Rs. 13,000 ordered to be paid to appellant, if recovered.-[Compensation]. State v. Rab Nawaz P L D 1977 S C 87 and Mst. Razia Begum v. Hijrayat Ali and others P L D 1976 S C 44 ref. ORDER MUHAUMAD HALEEM, J.-Respondents Nos. 1-5 were tried by the Resi­dent Magistrate, Okara, exercising Powers under Section 30 of the Criminal Procedure Code for being armed with deadly weapons and for the attempted murder of the appellant who found them guilty on both the counts. On the first count they were sentenced to seven years' rigorous imprisonment and on the second to one year's rigorous imprisonment by judgment dated 31-5-1969. These respondents appealed and the appellant moved an application for the enhancement of their sentence. A leaned Single Judge in the Lahore High Court while dismissing the appeal enhanced the sentence of respondents Nos. 1 to 10 years' rigorous imprisonment and also imposed a fine of Rs. 5,000 or in default to suffer rigorous imprisonment for three years. The sentence of imprisonment of the other respondents was not enhanced but a fiat of Rs. 2,000 was imposed on each of them or in default to suffer rigorous imprisonment for 15 months. Leave to appeal was granted to consider the question as to whether the learned Single Judge bad failed to comply with sections 544-A and 545, Cr. P. C. in not awarding compensation to the appellant out of the fine imposed 'in view of the grievous physical and mental sufferings' caused to the…

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