V.Ramaswami, J. - (1.) The two appellants were committed to stand for trial before the Sessions Judge, Akola, under Section 302 read with Section 34, Indian Penal Code in respect of the deaths of Rajabhau and Vasant and under Section 307 read with Section 34, Indian Penal Code in respect of injuries caused to Shyam. The remaining seven accused were charged for the offence under Section 302 read with Section 149 or Section 302 read with Section 109, Indian Penal Code in respect of the said deaths. As regards the injuries to Shyam they were charged of the offence under Section 307/34 or Section 307/149 or 307/109, Indian Penal Code. By his judgment dated November 4, 1966, the Sessions Judge, Akola, acquitted all the seven accused of all the charges and convicted the present appellants under Section 302/34 and Section 307/34, Indian Penal Code . Appellant Shivajirao was convicted under Section 307/34, Indian Penal Code and sentenced to three years rigorous imprisonment in respect of injuries caused to Shyam and under Section 302/34, I. P. C. to imprisonment for life in respect of causing death of Vasant, and also under Section 302/34, Indian Penal Code to imprisonment for life in respect of causing death of Rajabhau. Appellant Ravindra was sentenced to two years rigorous imprisonment under Section 307/34, Indian Penal Code in respect of causing injuries to Shyam and to imprisonment for life under Section 302/34, Indian Penal Code in respect of causing death of Rajabhau. Against the judgment of the Sessions Judge, Akola the appellants filed Criminal Appeal No. 234 of 1966 to the High Court of Bombay. The State filed Criminal Appeal No. 40 of 1967 in regard to the acquittal of the other seven accused persons. The State also filed Criminal Revision No. 71 of 1967 praying for the enhancement of sentence of life imprisonment passed against the present appellants to sentences of death. All these cases were heard together by the High Court which by its judgment dated November 14, 1967, dismissed the Criminal Appeals No. 234 of 1966 and No. 40 of 1967 and also the Criminal Revision No. 71 of 1967. After pronouncing the judgment the High Court took the view that an additional sentence of fine should be imposed on the appellants. The High Court accordingly issued notices to the appellants and by its judgment dated December 1, 1967 the High Court ordered that appellant No. 1, Shivajirao shall pay a fine of Rs. 2,000/-, and the fine if recovered shall be paid to the dependents of the deceased Rajabhau. The High Court further directed that the appellant Shivajirao shall also pay a fine of Rs. 5,000/- in respect of the murder of Vasant. Appellant Ravindra was also sentenced to pay a fine of Rs. 3,000/- payable to the dependents of Rajabhau. The High Court directed that the appellant Shivajirao shall pay a fine of Rs. 2,000/- in respect of the injuries caused to Shyam out of which a sum of Rs. 1,000/- shall be payable to Shyam, under Section 545 (1), Criminal Procedure Code.
(2.) The appellants thereafter filed an application for special leave to appeal to this Court. By its order dated August 2, 1968 this Court granted the special leave limited to the question of enhancement of sentence as ordered by the High Court.
(3.) Section 545 of the Criminal Procedure Code was amended by Central Act XXVI of 1955 with effect from Aug. 10, 1955. The amendment of Section 545 of the Criminal Procedure Code was effected by Section 110 of the Amending Act. By this amendments in sub-section (l) of Section 545 after the words a sentence the words 'including a sentence of death' were inserted. In addition, a separate sub-clause (bb) was added in sub-section (1) of Section 545. The amended Section 545 reads as follows: "545. (1) Whenever under any law in force for the time being a Criminal Court imposes a fine or confirms in appeal, revision or otherwise a sentence of fine, or a sentence (including sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied. (a) in defraying expenses properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss or injury caused by the offence, when substantial compensation is, in the opinion of the Court, recoverable by such person in a Civil Court; (bb) When any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (XIII of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death...........";