JAGMOHAN BHOLA Vs. DILBAGH RAI BHOLA AND ORS.

JUDGEMENT

(1.) This is an appeal filed by the brother of Rashmi who died in the alleged incident. The present appeal has been filed invoking the proviso to Section 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "said Code") claiming himself to be a person covered by the definition of victim under Section 2 (wa) of the said Code.

(2.) Respondents 1 to 5 were charged with having committed the offences under Sections 498A/34 IPC and the Respondent No. 3 was additionally charged with having committed the offence under Section 304 IPC. The said Respondents were acquitted of all charges by virtue of the impugned judgment and order dated 25.05.2010 passed by the learned Additional Sessions Judge.

(3.) At the threshold, the learned Counsel appearing for the Respondents 1 to 5 has raised an argument with regard to the maintainability of the present appeal. His objections are two-fold. The first objection is that the Appellant does not fall within the definition of victim under Section 2(wa) of the said Code. The second objection is that the present appeal which is purportedly filed under the proviso to Section 372 of the said Code is not maintainable unless and until leave of this Court is taken for filing such an appeal.