Ram Kaur v. Jagbir Singh (2010) 3 RCR (Cri) 391

RAM KAUR V. JAGBIR SINGH

Whether the appellant qualifies as a ‘victim’ under Section 2(wa) of the CrPC, thereby granting her the right to appeal under the proviso to Section 372?
Whether an appeal under the proviso to Section 372 require prior leave of the High Court?

The Court interpreted that the procedure for appeals by victims under the proviso to section 372 should align with the procedure under Section 378, thereby necessitating prior leave of the High Court.
To qualify as a ‘victim’ for an appeal under section 372, a person must have suffered a loss or injury caused by the act or omission of the offender.

The respondents (Jagbir Singh and Surinder Singh) were charged under Section 302 read with Section 34 of the Indian Penal Code (IPC) for the alleged murder of Rajinder Singh, the son of the elder brother of the appellant’s husband.
The Trial Court acquitted the respondents leading the appellant (Ram Kaur) to file an appeal, claiming to be a ‘victim’ under Section 2(wa) of the CrPC.
The appellant filed the appeal under Section 372 of the Code of Criminal Procedure (CrPC), challenging the acquittal of the respondents.

The High Court held that the appellant is not a victim in this case, as she is a near relation of the deceased and cannot be said to have suffered any loss or injury caused due to the act or omission of the offender.
The appellant is neither guardian nor legal heir of the deceased.
The High Court further held that even though a right to file an appeal has been conferred on the victim against the order of acquittal, the procedure for filing such appeal will be the same as provided under section 378 of the Code.
Therefore, the appeal cannot be entertained due to non-compliance with provisions contained in section 378 of CrPC.
Additionally, the Court upheld the decision of the Trial Court and opined that on the basis of evidence led by the prosecution, no second view of the case can be taken.