Arun Kumar v. The State Of Bihar And ORS

Patna High Court CR. APP (DB) No.799 of 2016 dt.09-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No 799 of 2016 Arising Out of PS.Case No. -148 Year- 2010 Thana -TARIYANI CHOWK District- SHEOHAR =========================================================== Arun Kumar Son of Late Ram Lagan Rai, Resident of Village- Gorigama Kundal, P.S. Runnisaidpur, District- Sitamarhi.

.... .... Appellant/s

Versus

1. The State of Bihar,

2. Sanjay Rai

3. Manoj Rai Both are sons of Late Rameshwar Mahto @ Late Ram Lagan Rai. Both are residents of Tajpur, P.S. Tariyani, District- Shivhar. .... .... Respondent/s =========================================================== For the Appellant/s : M/s Vinod Kr & Harendra Kr, Advocates For the Respondent/s : Ms S B Verma, APP =========================================================== CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH And HON'BLE MR JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH) Date: 09-01-2017 This appeal under Section 372 of Criminal Procedure Code (for brevity, Cr P C) is against judgment and order of acquittal. In our view, this appeal is not maintainable inasmuch as the proviso to Section 372 of Cr P C is not attracted as the appellant is neither the victim, who is dead nor guardian or legal heir of the victim. He is the uncle of the victim.

In such view of the matter, this appeal is not maintainable and is dismissed accordingly.

(Navaniti Prasad Singh, J) (Vikash Jain, J) M.E.H./- U