Debasish Kar Gupta, J. - (1.) This is an application Bled by the de facto complainant with a prayer for passing appropriate order permitting the applicant to participate at the hearing of this criminal appeal as also the application for suspension of sentence and/or bail filed by the appellants.
(2.) It is submitted by Mr. S.S. Roy, learned Advocate appearing on behalf of the applicant, that by way of an amendment of the Code of Criminal Procedure, 1973 by virtue of the Act 5 of 2009 the provisions of sub-section (wa) of Section 2 has been inserted in the Code of Criminah Procedure widening the definition of victim for the purpose of including 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 and the expression "victim" includes his or her guardian or legal heir. According to Mr. Roy after the aforesaid amendment of the Cr.P.C. the victim has a right of audience to oppose any application for suspension of sentence or at the time of final hearing of an appeal preferred by the convicts. It is further submitted by Mr. Roy that the applicant/de facto complainant is the son of the deceased person.
(3.) Reliance is placed by Mr. Roy on the decision of Kanaka Rekha Naik v. Manoj Kumar Pradhan and Anr., reported in (2011) 4 SCC 596.;