SUKHWINDER SINGH Vs. RATTAN SINGH AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the appellant Sukhwinder Singh (PW5) against the acquittal of Rattan Singh son of Tara Singh and Gurwinder Singh son of Rattan Singh (respondents No.1 and 2) for the offence punishable under Section 307/34 Indian Penal Code ('IPC' - for short) and also for enhancing the sentence imposed on said respondents No.1 and 2 for the offences under Sections 302, 324 read with Section 34 IPC. It is also submitted by the learned counsel for the appellant that no compensation has been awarded to the 'victim', which was liable to be awarded.

(2.) Learned counsel for the appellant during the course of hearing submits that the appeal for enhancement of the sentence for the offences committed by respondents No.1 and 2 under Sections 302, 324 and 34 IPC at the behest of the 'victim' would not be maintainable in view of proviso to Section 372 Code of Criminal Procedure ('Cr.P.C.' - for short) as also judgment of Hon'ble the Supreme Court of India in National Commission of Woman v. State of Delhi and another, 2010 4 RCR(Cri) 758 . Therefore, he does not press for the same.

(3.) In the circumstances, learned counsel for the appellant submits that he does not press for claiming compensation in the present appeal, however, he be given liberty to file necessary application for grant of compensation in the pending appeal i.e. CRA No.D-628-DB of 2015 filed by Rattan Singh and Gurwinder Singh (respondents No.1 and 2) against their conviction and sentence. He also prays that without prejudice to the rights of the appellant especially in the aforesaid pending appeal i.e. CRA No.D-628-DB- 2015 filed by the convicts against their conviction and sentence, he does not press the appeal against the acquittal of respondents No.1 and 2 for the offences under Section 307/34 IPC, lest it may affect the rights of the appellant in the said appeal. Therefore, he prays for permission to withdraw this appeal with liberty to file an application praying for compensation in accordance with law in the pending appeal i.e. CRA No.D-628-DB-2015 filed by Rattan Singh and Gurwinder Singh (respondents No.1 and 2) against their conviction and sentence.