DAVINDER SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) This appeal has been filed by the appellant Davinder Singh who is the brother of Paramjit Singh (deceased in the case). In the prayer clause, the appellant has made the following prayers:

(2.) It is accepted by the learned counsel for the appellant that the sentences as imposed on respondents No. 3 to 6 i.e. other than Baljit Singh (respondent No.2) cannot be enhanced in an appeal filed by a 'victim' in terms of the proviso to Section 372 of the Code of Criminal Procedure ('Cr.P.C.' - for short). The said provision provides for appeal by a 'victim' against an order passed by the Court (i) acquitting the accused, (ii) acquitting him for a lesser offence or (iii) imposing inadequate compensation. The same does not provide for an appeal against inadequate sentence.

(3.) The only prayer, therefore, that requires consideration is whether the acquittal of Baljit Singh (respondent No.2) by the learned Additional Sessions Judge, Gurdaspur is proper. We have heard learned counsel for the appellant and perused the judgment.