Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.918 of 2012 ====================================================== Ramashish Pandey, son of late Chamru Pandey, resident of village- Kanhaiyachak, P.S.-Parbatta, District-Khagaria. .... .... Appellant/s Versus 1. The State of Bihar 2. Mukesh Pandey, son of Late Tanik Pandey. 3. Ajay Pandey, son of Late Tanik Pandey. 4. Shailesh Pandey, son of Late Tanik Pandey. 5. Vinay Pandey, son of Chamru Pandey. All resident of village-Kanhaiya Chak, P.S.-Parbatta, District- Khagaria. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 26-11-2012 Heard. This appeal has been filed under section 372 of the Code of Criminal Procedure against the judgment and order of acquittal dated 5th September, 2012 passed by the learned Ad hoc Additional District and Sessions Judge-I, Khagaria, in Cr.Appeal No.50 of 2012. The appellant is informant of Parbatta P.S. Case No. 65 of 2010. The respondents accused were sent up by the police in the said case. The learned Judicial Magistrate, Ist Class, Khagaria framed charge against them under [STATUTE] as well as Section 27 of the Arms Act. The accused persons pleaded not guilty to the charges and claimed to be tried. On conclusion of trial, the learned Judicial Magistrate, vide his judgment and order dated 20.7.2012, held them guilty and sentenced them for the Patna High Court CR. APP (SJ) No.918 of 2012 (2) dt.26-11-2012 2 offences. The accused persons, being aggrieved by the judgment and order passed by the trial court, preferred an appeal and the appellate court, after hearing the parties, set aside the judgment and order of conviction recorded by the trial court and acquitted them. Against the said judgment of acquittal passed by the trial court, the present appeal has been filed on behalf of the informant of the case under Section 372 of the Code of Criminal Procedure. The proviso to Section 372 of the Code of Criminal Procedure has been inserted in the statute by Act 5 of 2009 with effect from 31.12.2009. It gives to the victim right to prefer an appeal against any adverse order passed by the trial court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie “to the court to which an appeal ordinarily lies” against the order of conviction of such court. Section 374 of the Code of Criminal Procedure lays down the forums for filing appeals by the accused against the order of conviction. Three different forums have been laid down in respect of the trial held by different courts. In case of a trial held by a Judicial Magistrate, 1st Class, the appeal would lie to the court of Sessions. In the present case, the accused persons were convicted Patna High Court CR. APP (SJ) No.918 of 2012 (2) dt.26-11-2012 3 by the Judicial Magistrate, 1st Class. They have been acquitted by the appellate court. Against the order of acquittal recorded by the appellate court, in my view, no appeal is maintainable. Section 372 of the Code of Criminal Procedure relates to appeal from the judgment or order of a criminal court. It gives to the victim the right to prefer an appeal against any adverse order passed by the trial court and not against any order passed by the appellate court. In that view of the matter, I hold that the present appeal is not maintainable under Section 372 of the Code of Criminal Procedure. It is dismissed, accordingly. Md.S./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 337

Statute Text:
Section 337 of the Indian Penal Code. Causing hurt by an act which endangers human life, etc. Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.