Fatal Accidents Act, 1855–Sec. 1-A–Code of Criminal Procedure, 1973–Sec. 357(5)–Death caused by firearm–Suit for compensation–Whether the suit is maintainable under the provisions of Fatal Accident Act–Held, yes–Action for civil damage is not prosecution and a decree of damage is not a punishment–Provisions of Secs. 357(1) & (5) of Cr.P.C. clearly provides that apart from the punishment of fine, the person convicted of any offence of having caused the death of another person or of having abetted the commission of such an offence may also be liable to face a civil action for damages under the Fatal Accident Act–At the time of awarding compensation in a subsequent civil suit relating to the same matter the Court shall take into account any sum paid or recovered as compensation u/s. 357.
