PRADEEP KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellant is the brother-in-law of the deceased Smt. Bohti. He has filed this Appeal under proviso to Sec. 372 Cr.P.C. against the judgment and order dtd. 7/6/2022 rendered by learned Additional Sessions Judge, Laksar, District Haridwar in Sessions Trial No. 235 of 2019, whereby all the accused persons (respondent nos. 2 to 5) were acquitted of the charge of offence under Ss. 304, 323, 452, 504 and 506 IPC.

(2.) Learned counsel for the appellant contends that F.I.R., in respect of the incident, which resulted in death of Smt. Bohti, was filed by the appellant, therefore, he is competent to file Appeal under proviso to Sec. 372 Cr.P.C.

(3.) Proviso to Sec. 372 Cr.P.C. gives right to file Appeal only to a 'victim'. The expression 'victim' is defined under Sec. 2(wa) Cr.P.C., which is reproduced below:-