Musammat Sumaria alias Bismilla vs Emperor

Dalal, J.—The applicant woman, Musammat Sumaria alias Bismilla, was ordered by the learned District Magistrate of Ghazipur to pay compensation of Rs. 50 to each one of three constables whom she accused of having committed extontion. The total sum she was Required to pay was Rs. 150.

When she went up in appeal the learned Sessions Judge held that no appeal lay. I do not think that he was right in this conclusion. In Clause 1 and 2 of Section 250, where the limit of compensation is stated, it is definitely laid down that the limit of compensation is Rs. 100 with respect to every accused person. On the other hand in Clause 3 which relates to appeal, the words are general and the right of appeal is given wherever the order relates to the payment of compensation exceeding Rs. 50. In. Clause 3 the words of Clause 1 and 2 are not repeated of compensation to each individual accused person. I am, therefore, of opinion that when the total amount of compensation ordered to be paid by a complainant in one particular case exceeds Rs. 50 there is a right of appeal even though the amount of compensation to be paid to each individual accused person may not exceed the sum of Rs. 50.

I do not, however, think it worth while to send the case back to the Sessions Court. I have gone through the facts of the case and the fine of Rs. 150 appears to me to be excessive. I reduce the amount to Rs. 20 payable to each accused person and direct that the excess amount if recovered from the applicant woman shall be refunded to her.