ASHOK KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned AGA for the accused-respondents and perused the record.

(2.) In view of the judgment rendered in the case of Lekhraj versus State of U.P. and others (Criminal Misc. Application under Section 372 Cr.P.C. ( Leave to Appeal) No. 6 of 2014 decided on 10th October, 2014, no leave to appeal is required for the victim to prefer an appeal on the grounds mentioned in proviso to Section 372 Cr.P.C. as he has indefeasible statutory right to file the appeal.

(3.) This Criminal Appeal No. 48 of 2013 along with Criminal Misc. Application (Leave to Appeal) No. 48 of 2013, under Section 372 Cr.P.C. has been preferred challenging the impugned judgment and order dated 12.12.2012 passed by the Addl. Sessions Judge, Court No. 7, Kanpur Dehat in S.T. No. 7 of 2008 (State Vs. Atul Dubey and others) acquitting the accused-respondents of the charges framed against them under Sections 304 IPC read with Section 34 IPC.