Judgment

CHANDRACHUD, J.- The appellant, Palaniappa Gounder, was convicted by the learned Principal Sessions Judge, Salem, under S.302 of the Penal Code and was sentenced to death on the charge that on August 23, 1974 he had committed the murder of one Sengoda Gounder. The appellants son and daughter-in-law were convicted by the learned Judge for abetting the murder and were sentenced to life imprisonment. The three accused filed an appeal in the High Court of Madras which upheld the appellants conviction under S.302 but reduced the sentence from death to imprisonmment of life. However, while reducing the substantive sentence the High Court imposed a fine of Rs.20,000/- on the appellant and directed that out of the fine, if realised, a sum of Rs.15,000/- should be paid to the son and daughters of the deceased under S.357 (1)(c) of the Cr. P.C. 2 of 1974. The other two accused were acquitted by the High Court. We are not concerned in this appeal with the legality of the appellants conviction or with the acquittal of his daughter and son-in-law. The special leave granted by this Court is limited to the question of the propriety of the fine imposed by the High Court.

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