LIVERGHI SK Vs. STATE

JUDGEMENT

(1.) No one appears for the appellant. Mr. Roy appears for the accused respondents Nos. 2 to 5 at the hearing of the appeal.

(2.) This appeal by Special Leave under S. 378(4) of the Code of Criminal Procedure, 1973 filed by the father of the deceased Afzal Sk. arises out of Session Trial No. 4/77. The State v. Eradut Langra and Ors. held by the learned Sessions Judge, Malda. In the said trial all the four accused persons who are the respondents Nos. 2 to 5 herein were found not guilty of the charge under S.302/34, I.P.C. and acquitted on 23rd November, 1977.

(3.) Mr. Roy the learned Advocate appearing on behalf of the four accused respondents Nos. 2 to 5 herein has submitted that this appeal by Special Leave under S.378(4) of the said Code is not maintainable as this was not a case instituted on a complaint and the appellant herein has no locus standi in the matter. He has submitted that this was a case in which the F.I.R. was lodged resulting in the starting of Ratua P.S.; Case No. 4 dt. 11-6-75. In that police case, the present respondents Nos. 2 to 5 were charge-sheeted by the police on the charges under S.302/34, I.P.C. and the trial proceeded on the said charges against the said accused.