AGA JAFAR MIRZA Vs. STATE

JUDGEMENT

(1.) THIS application has been filed for condonation of delay in filing the appeal. The appellant No. 1 (Aga Jafar Mirza) is the son-in-law of the deceased Shamshul Hasan and the appellant No. 2 (Khurshid Begum) is the wife of the deceased. THIS appeal had been filed by the appellant No. 1 and then the appellant No. 2, that is, the wife of the deceased was impleaded by an order of this Court on 14.12.2010.

(2.) THE respondent No.2 (Nafees Ahmed) and the respondent No.3 (Shakeel @ Ghanti) were charged with the murder of the deceased and acquitted vide the impugned judgment dated 30.01.2010. THE appellant No. 1 had filed the appeal claiming to be a victim in terms of the proviso to Section 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `the Code'). Even though the son-in-law is not a legal heir as per Muslim Law and hence a victim in strict terms, since the appellant No. 2, who is the wife of the deceased and a legal heir was impleaded in the appeal by an order of this Court, the objection of the respondents that the appeal had not been filed by a victim no longer survives. THE wife of the deceased being a legal heir is a victim within the proviso to Section 372 of the Code and can file an appeal against acquittal.