GURIYA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant matter was initially registered as Cr. Revision No.367/2013 being a petition filed by the wife-complainant praying for setting aside the judgment of the learned Sessions Judge, whereby Criminal Appeal filed by her husband, Santosh Kumar Kasera, respondent no.2 herein, has been allowed setting aside the judgment of learned Judicial Magistrate 1st Class, Hazaribagh, dated 13.12.2011, whereby he ( respondent no.2) was convicted under section 498A I.P.C and his co-accused Pappu Sao Shanti Devi and Sabita Devi (family members) stand acquitted.

(2.) Record reveals that after suffering conviction for the aforesaid charge of section 498A I.P.C, respondent no.2, Santosh Kumar Kasera, filed criminal appeal before the learned Sessions Judge, which has now been allowed. In terms of the latest amendment carried out in Chapter XXIX relating to appeals by adding proviso to section 372 Cr.P.C with effect from 31.12.2009, the victim has also a right to prefer an appeal against any order acquitting the accused. Victim has also been defined in section 2(wa) Cr.P.C, which means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged. In terms of section 372 Cr.P.C (now amended), the instant matter, which was earlier registered as Criminal Revision and subsequently treated as Criminal Miscellaneous Petition No.1731/2013, shall now be treated as Criminal Appeal (DB) against acquittal. It has been diarized now as Criminal Appeal (DB) No.461/2015.

(3.) Neither the counsel for the appellant has come present, nor the counsel for the accused. However, Mr.Shekhar Sinha, learned A.P.P appearing for the State respondent, has rendered proper assistance to the Court. Trial court records are also available to the Court and we have gone through the same minutely.