Penal Code, 1860 - s.300 Exception 4 ands. 304 (PartII) - Trial and conviction uls. 302134 by courts below - Held:The nature of injury inflicted by accused, the part of body onwhich inflicted, weapons of offence and circumstances inwhich injury was inflicted, do not suggest that the accused hadthe intention to kill the deceased - Therefore, accused entitledto benefit of Exception 4 to s.300 - The case would fall uls.304 (Part II) - Conviction altered to one u/s. 304 (Part II) andsentence reduced to 5 years RI.Code of Criminal Procedure, 1973 - s.357 -Compensation to the victim - Award of - Held: Compensationu/s.357 is not ancillary to other sentences, but in additionthereto - It is mandatory duty of the Court to apply its mindto the question of awarding compensation in every criminalcase - The court needs to take a summary enquiry regardingcapacity of the accused to pay, to decide the question ofcompensation to victim - In the present case, courts belowremained oblivious to provisions of s. 357 - In view of the factsof the case and the time lag since the offence was committed,resort to s.357 not taken by the Court - However, the courtsare cautioned to remain careful - Copy of present judgmentdirected to be forwarded to the Registrar General of HighCourts for circulation among judges handling criminal trialsand appeals.Interpretation of Statutes - Directory or mandatory natureof the provision of a statute - Ascertainment of- To be donefrom the intention of the legislature and not from the languageof the provision - Mere use of words 'may' or 'shall' is notconclusive - To find out the legislative intent, court to examinescheme of the Act, purpose and object underlying theprovision, consequences likely to ensue or inconveniencelikely to result, if the provision is read one way or the other.