Asharfi Devi and ors. Vs. Vinod Kumar and anr.

- indian penal code, 1860 [c.a. no. 45/1860]. section 302; [m.c. jain, r.c. deepak & k.k. misra, jj] murder plea as to accused being minor school register and transfer certificate not proved before court according to law held, it has to be ignored and question of age is to be determined on other evidence and circumstances surfacing on record. age determined on the basis of x-ray plates and report prepared by c.m.o., is the correct age of accused. accused was declared to be child on the date of commission of offence of murder. however, considering fact that now accused was around 41 years, he cannot be sent to approved school. accused was directed to pay fine of rs.25,000/- under section 302 i.p.c., amount of fine was directed to be paid as compensation to wife of deceased. mohammadorder1. heard learned counsel for the appellants and mr. s.a. murtuza, learned counsel for the respondent no. 1.2. it has been submitted on behalf of the appellants that the income of the deceased was rs. 6,000 per month. this fact has not been taken into consideration, rather his income has been held to be rs. 1,300 per month. it is held that the income of the deceased was rs. 1,500 per month and the compensation be awarded accordingly and the same may be paid to the claimants from the date of award along with interest.3. the excess amount that we have directed to be paid to the claimant-appellants be paid expeditiously preferably within a period of three months.4. in these circumstances, the appeal is allowed.