Narendra S/O. Deodatta Thombre v. State Of Maharashtra Thr. P.S.O. Ambazari Police Station Nagpur And Another

appa140.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Criminal Application (APPA) NO.140/2017 In Criminal Appeal No. /2017 Narendra s/o Deodatta Thombre ..vs.. State of Maharashtra, thr. Its PSO P.S. Ambazari, Nagpur and anr.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. N. S. Khandewale, Advocate for applicant. Mr. M. J. Khan, A.P.P. for non applicant-State. CORAM : B. P. DHARMADHIKARI AND V.M. DESHPANDE, JJ.

DATED :

APRIL 24, 2017 Heard learned counsel for the parties.

In the present appeal, leave is sought for by the present applicant for enhancement of the sentence. The non applicant no.2 herein is convicted by the learned Additional Sessions Judge, Nagpur in Sessions Trial No. 242/2012 for an offence punishable under Section 307 of the Indian Penal Code and is directed to suffer rigorous imprisonment for seven years.

The learned counsel for the applicant submits that in view of the proviso to Section 372 of the Code of Criminal Procedure, the victim is also entitled to file an appeal for enhancement of sentence. Bare reading of the said proviso clearly shows that such a right is not envisaged. In that view of the matter, leave to file appeal is refused. Consequently, the appeal is also dismissed. JUDGE JUDGE kahale