- (1.) Re:- Criminal Misc. Application U/s 372 Cr.P.C. (Leave to Appeal) No. 126 of 2013 In view of the judgment rendered in the case of Lekhraj Vs. State of U.P. And others, Criminal Misc. Application U/s 372 Cr.P.C. (Leave to Appeal) No. 6 of 2014 decided on 10th October, 2014, no leave to appeal is required for the victim to prefer an appeal on the grounds mentioned in proviso to Section 372 Cr.P.C. because the victim has indefeasible statutory right to file the appeal and the complainant Devendra Pal Singh being the grandfather of the deceased victim comes within the purview of the definition of "victim" as provided under Section 2 (wa) of Cr.P.C. amended by Act No. 5 of 2009.
(2.) The complainant u/s 372 Cr.P.C. and the State under Section 378 Cr.P.C. have come to this court in appeal challenging the correctness and validity of the judgment and order dated 15.2.2013 passed by the Special Judge (E.C. Act)/ Additional Sessions Judge, Etah, in S.T. No. 279 of 2001, State Vs. Ranvijay and others, under sections 302, 504, 506, 120B I.P.C. in Case Crime No. 85 of 1999, P. S. Kotwali Dehat, District Etah, whereby the accused respondents Ran Vijay, Ripu Vijay, Digvijay and Ajay Pal have been acquitted from the charges framed against them under the aforesaid sections. As both these appeals arise out of the same judgment and order of acquittal are being decided by a common judgment.
(3.) We have heard Sri V. P. Srivastava, learned Senior Advocate, assisted by Sri Sanjeev Kumar Pandey, on behalf of the complainant and learned A.G.A. for the State of U.P. on the point of admission respectively in both the above mentioned connected appeals and have carefully gone through the lower court's record.;