AIR2013SC2454, 2013(3)AJR795, 2013 (82) ALLCC 311, 2013ALLMR(Cri)2221, 2013(2)BomCR(Cri)830, 2013CriLJ3044, ILR 2013 NULL 2565, JT2013(7)SC26, 2013(4)MPHT249, 2013(2)RCR(Criminal)1036, 2013(6)SCALE778, (2013)6SCC770, 2013(4)ABR648, 2013ix AD (S.C.) 294, 

Held, nature of simple injury inflicted by accused, part of body on which it was inflicted, weapon used to inflict same and circumstances in which injury was inflicted do not suggest that Appellant had intention to kill deceased - However, Appellant had knowledge that injury inflicted by him was likely to cause death of deceased - Therefore, case would more appropriately fall under Section Part II of IPC - Hence, Appeal allowed to extent that instead of Section of IPC Appellant was convicted for offence of culpable homicide not amounting to murder punishable under Section Part II of IPC - Appeal disposed off. Criminal - Compensation - Section of Code of Criminal Procedure, 1973 (Cr.P.C.) - Whether any compensation was to be awarded against Appellant and in favour of bereaved family Under Section of Cr.P.C. - Held, under Section of Cr. P.C., Court is empowered to direct State to pay compensation to victim in such cases where compensation awarded Under Section is not adequate for such rehabilitation, or where case ends in acquittal or discharge and victim has to be rehabilitated - Further, power to award compensation under Section was not ancillary to other sentences but in addition thereto - Moreover, Court had duty to apply its mind to question of awarding compensation under Section - Furthermore, while award or refusal of compensation might be within Court's discretion, it was mandatory duty of Court to apply its mind to question in every criminal case - However, Section Code of Criminal Procedure would involve a certain enquiry albeit summary and such enquiry could precede order on sentence to enable Court to take a view both on question of sentence and compensation that it might in its wisdom decide to award to victim or his/her family - Thus, evenif regretted by order of High Court and Trial Court on occasion to consider question of award of compensation, fine imposed upon Appellant and default sentence awarded to him was sustained - Appeal disposed off.