1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Appeal No. 386/2009 Vijay Balaji Jagnit vs. State of Maharashtra, through its Police Station Officer, Mohadi and another. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : A.P.Lavande & Prasanna B. Varale,JJ DATE : 26.11.2009 Heard Mr. N. Phadnis, learned counsel for the appellant. It is the case of the appellant that his sister Indubai Tandekar was murdered by the Respondent No. 2 on 7.4.2007 by pouring kerosene on her person and setting her ablaze. The accused was tried for the offence of murder and by Judgment and order dated 3.1.2009 passed by the Special Judge, Bhandara in Special Criminal Case No. 44/2007 the accused was acquitted. Initially the appellant filed revision application which was registered as Criminal Revision Application No. 71/2009. The learned Single Judge by order dated 23rd July, 2009 permitted the appellant herein to convert the revision into appeal and consequently the present appeal was registered. The said order appears to have been passed on the footing that the Code of Criminal Procedure was amended and 2` in terms of Section 372 of Cr.P.C. relatives of victim had a right to file appeal against the order of acquittal. Mr. Mirza, learned A.P.P. appearing for respondent no.1 pointed out that the amendment to Code of Criminal Procedure has not been effected and as such appeal would not lie at the instance of the appellant herein. This position has not been disputed by Mr. Phadnis, the learned counsel for the appellant. Mr. Phadnis, therefore, seeks leave to covert the appeal into revision and also seeks leave to substitute memo of appeal. The learned A.P.P. has no objection for the same. Accordingly, the appellant is permitted to convert the appeal into revision and also to substitute the Memo of Appeal. Same shall be done within a period of two weeks. After the appellant furnishes the amended memo of revision, Registry to place the matter before the appropriate Bench. JUDGE JUDGE patle 3`