PARMESHWAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed by the informant against judgment and order dated 28.8.2012 passed by the Ad-Hoc Additional Sessions Judge IV, Araria in Sessions Trial No.846 of 2003/ Tr. No.259 of 2011, arising out of Jokihat P.S.Case No.169 of 1999, acquitting respondent nos.2 to 9 of charges under Sections 341, 342 and 302/34 of the Indian Penal Code framed against them.

(2.) Since the appellant-informant happens to be cousin father-in- law of the deceased, as pointed out by learned Additional Public Prosecutor, this Court, by order dated 17.5.2013, granted time to learned counsel for the appellant to address the Court on the issue of maintainability of the appeal, preferred by the appellant in terms of the proviso to Section 372 of the Code of Criminal Procedure. Accordingly, the matter was heard on 19.7.2013.

(3.) It is a settled proposition of law that a right vested in an aggrieved to appeal against any judgment and order of any judicial or quasi judicial authority is a creature of statute, to be preferred before a forum prescribed and according to the procedure laid down. No body can claim this right as a fundamental right or even as a constitutional right. Hence, scope and limitation of this right has also to be governed by the statute creating that right. For that reason this Court considers it appropriate to look back a little to find out the origin of the provisions of right of appeal in our criminal justice system against any judgment and order or acquittal of an accused by any competent court of law.