GIRINDRA BAHADUR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Dinesh Kumar Shukla, learned counsel appearing for appellant and Shri Umesh Verma, learned Additional Government Advocate, representing the State.

(2.) This appeal under the proviso appended to Section 372 of the Code of Criminal Procedure has been filed challenging the judgment and order dated 4th September, 2019, passed by learned Sessions Judge, in Sessions Trial No. 71 of 2007, whereby the respondents no.2 and 3 have been acquitted of the charges under Sections 323/34 and 325/34 and also under Section 427 of the Indian Penal Code. In the appeal a prayer has also been made for enhancing the sentence under Section 307 IPC from seven years to ten years and also under Section 325 IPC, for which respondents no. 2 and 3 have been convicted.

(3.) We are afraid this appeal which has been filed at the instance of the appellant, who is the brother of the person who suffered injuries in the incident, would not be maintainable under proviso to Section 372 Cr.P.C.