Ujjal Bhuyan, J.

1. Heard Mr. B. Chakraborty, learned counsel for the applicant, Sri Apu Dutta, who is the father of the deceased, Arup Dutta. This application has been filed for awarding of victim compensation to the applicant under Section 357A of the Code of Criminal Procedure, 1973 (Cr.P.C.). It is submitted that the aspect relating to award of victim compensation was somehow overlooked by the trial court while convicting the accused persons as well as by the High Court while dismissing the appeal of the convicts.

2. On 18.12.2017, notice was issued to respondent No. 1/State.

3. State is represented by Ms. B. Bhuyan, learned Addl. Public Prosecutor, Assam.

4. Applicant, as the informant, had lodged one first information before the Jagiroad Police Station to the effect that his son, Arup Dutta, was missing. Initially, the case was registered as Jagiroad PS Case No. 98/2011, under Sections 365/384 IPC. In the course of investigation, the three accused persons, namely, Sri Sanjay Chandra, Sri Bhim Das @ Susanka and Sri Mohan Teron were arrested and the dead body of the son was recovered whereafter, Section 302 IPC was added. Following trial, learned Sessions Judge, Morigaon, vide judgment and order dated 21.04.2015 in Sessions Case No. 27/2013 had convicted the three accused persons under Sections 302/34 IPC for committing the murder of applicant's son. Holding the case to be one belonging to the rarest of rare case category, learned Sessions Judge imposed capital punishment on the three accused persons.

5. Reference was made for confirmation of death sentence, being Death Sentence Reference No. 01/2015, which was heard along with the criminal appeal filed by the three convicted accused persons i.e., Crl. Appl. No. 159/2015. The death reference and the appeal were heard together and by a common judgment and order dated 27.10.2017, a Division Bench of this Court took the view that the case in hand did not fall in the category of rarest of rare case. While upholding the conviction of the three accused persons under Sections 302/34 IPC, the Division Bench altered the sentence from death to rigorous imprisonment for life.

6. We have perused the judgment of the learned Sessions Judge as well as the judgment of the appellate court. We notice that there was no reference to the provision of Section 357-A of the Code of Criminal Procedure (Cr.P.C.) which was inserted in the Cr.P.C. by amendment made in the year 2009 w.e.f. 31.12.2009 at both the stages of trial and appeal.

Section 357-A Cr.P.C. is extracted hereunder:-

"Section 357-A. Victim Compensation Scheme-

(1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who, require rehabilitation.

(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1).

(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under Section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.

(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.

(5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Service Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.

(6) The State or the District Legal Services Authority, as the case may be, to alleviate the su