DAUD Vs. THE STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) THE present appeal has been filed by one Mohd. Daud for setting aside the judgment and order, dated 19.3.2015, passed in Sessions Trial No. 1384 of 2010 by learned Ad -hoc Additional Sessions Judge VIII, Purnea, whereby he has acquitted respondent Nos. 2 and 3 of the charges framed against them under Sections 147 and 148, 302, 380, 452 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act giving them the benefit of doubt.

(2.) THE appeal has purportedly been filed invoking the proviso to Section 372 of the Code of Criminal Procedure, 1973, which confers upon a 'victim' a right to prefer an appeal against any order passed by the court acquitting the accused or convicting him for a lesser offence or imposing inadequate compensation, to a court to which an appeal ordinarily would lie against the order of conviction of such court. In order to invoke the said right to prefer an appeal against acquittal, it is condition precedent that the appellant must be a victim. Section 372 of the Code reads thus: - -

(3.) AS is evident from the language of Section 372 of the Code, no appeal can lie from any judgment or order of a criminal court except as provided for by the Code or by any other law for the time being in force. As has been noted, proviso to Section 372 of the Code permits a victim of an offence to prefer appeal raising a grievance against acquittal of an accused or his conviction for a lesser offence or imposing inadequate compensation.