As regards the contention of the petitioner that she is not liable to pay amount, Section 70 of the Indian Penal Code, takes care of this contention. According to section 70 of IPC, death of offender does not 4 discharge him from the liability and the property which would after his death comes into the hands of his legal heirs, be legally liable for his debts. Therefore, provisions of Section 421 and 431 of the Code read with Section 70 of IPC, make amount of fine or compensation recoverable from the property of the offender.
8. Here in the case, property which has come into the hands of petitioner was admittedly owned by original accused Saifuddin, by virtue of will deed executed by Saifuddin on 6.10.2010, said property is received by the petitioner naturally, with all liabilities attached therewith. In view ofSection 70 of IPC, amount of fine and compensation is recoverable from the said property.
Bombay High Court
Shamim Saifuddin Sarkhot vs Jugraj Miyachand Jain And Anr on 17 February, 2016
Bench: Dr. Shalini Phansalkar-Joshi
Citation:2016(4)MHLJ 242