AJAY GAUD Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Deepak Singh, learned counsel for the appellant-Ajay Gaud and Ms. Aarushi Khare, learned counsel for the respondent no. 2-Smt. Daya Sharma and learned AGA for the State-respondent no. 1 and perused the record.

(2.) Present appeal has been filed challenging the judgement and order dtd. 18/5/2019 passed by the Additional Sessions Judge, Court No. 23, Kanpur Nagar in Sessions Trial No. 1027 of 1997 (State vs. Dayaram Sharma and others), arising out of Case Crime No. 112 of 1997, under Ss. 147, 148, 149, 302 IPC, P.S. Nazirabad, District Kanpur Nagar.

(3.) At the very outset, a preliminary objection has been raised by Ms. Aarushi Khare, learned counsel for the accused respondent regarding maintainability of the present appeal on the ground that the present appeal has been filed by Ajay Gaud, who is admittedly nephew of the deceased and is, therefore, not a victim as per Sec. 2 (wa) of the Criminal Procedure Code (CrPC). Submission, therefore, is that he has no right to file appeal under proviso to Sec. 372 CrPC as he has not suffered any loss or injury caused to his own body, mind, reputation and property and that he is not the guardian or legal heir either.