SINDER SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred under the proviso to Sec. 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code', for brevity), wherein it is provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.

(2.) The appellant in this case, being the father of the deceased, has a right to maintain an appeal against the judgment, whereby the learned Trial Court has convicted the accused under Sec. 304 of the Indian Penal Code, 1860 (hereinafter referred to as 'the Penal Code', for brevity). The grievance of the appellant is that he should have been convicted u/s 302 of the Penal Code. Hence, the appeal is maintainable at the instance of the appellant.

(3.) The other question that arises is whether the leave is necessary for instituting an appeal against such order of conviction for a lesser offence. In this regard examination of Sec. 378 of the Code is necessary, which reads as follows :-