55
(a) no injured person, who instituted a civil suit, for
compensation, for damage resulting out of the offence,
shall claim compensation, for the same injury, before the
court, unless he relinquishes such suit;
(b) the court, of its own accord, or upon the application of the
injured person, the accused or any person having an
interest, may join, to the suit, any person having an
interest, or under an obligation, in the compensation suit;
(c) the court shall hear the evidence, relating to proof of the
injury, resulting out of the criminal act, and assessment of
compensation;
(d) where the court deems there is ground, for instituting the
compensation suit, the charge sheet shall include an
allegation thereof, and shall hear the reply of the accused
thereto;
(e) the accused, or any person having interest, at the defense
stage, may adduce such evidence, as he may deem
necessary, for rebutting the compensation suit, or
assessment thereof;
(f) where the court decides to adjudge compensation, the
judgement shall specify the amount of comensation,
whether the same is independent, or part of any fine
inflicted by the court.
Deliberation of the court
205
Where the court is constituted of more than one Magistrate, :(a) members of the court shall deliberate, on the matters
submitted for determination, and the majority opinion shall
be adopted, upon difference;
(b) every member shall deliver his opinion, on each matter;
provided the one having the least class of whom, shall
begin, by delivering his opinion, then the one next thereto;
(c) every dissenting opinion, with the grounds thereof, shall
be recorded, on the record, and the same shall not be
mentioned in the judgement.
Formal errors and defects non-effective
206.
No error, as to admitting evidence, nor the presence of formal
defect in the procedure shall be ground for quashing any judicial
measure, where the same is sound in substance, and no
estimable injury results thereout, to any of the parties.
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