*1* apeal.237.11.2.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.237 OF 2011 Mahendra Naseeb Singh. ..Appellant -Versus- The State of Maharashtra and another. ..Respondents ........... Mr.Priten Killedar, for the Appellant. Mr.H.J.Dedhia, APP, for the Respondent/State. .......... CORAM : B.H.MARLAPALLE & A.M.THIPSAY, JJ. Date : 13th April, 2011. P.C. 1 We have perused the appeal memo and we do not find any pleading to support the claim of the Appellant that he is a victim as defined under Section 2(wa) of the Code of Criminal Procedure, despite the fact that the appeal memo has been amended pursuant to the leave granted by us. 2 Section 2(wa) of Cr.P.C. states that the term “victim” means 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 it includes his or her guardian or legal heir. The right to file an appeal under Section 372 of Cr.P.C. against an order of acquittal is available to the “victim” as defined in Section 2(wa) of Cr.P.C.. 3 The Appellant claims to be the brother of the deceased victim. We specifically asked the learned counsel for the Appellant as to whether the deceased has any other legal heirs, and we were informed across the bar that the wife and children of the deceased are staying in the State of Haryana. The remedy of appeal against an order of a acquittal as provided under Section 372 of Cr.P.C. is available either to the guardian or legal heir of the victim. It is clear *2* apeal.237.11.2.sxw that the Appellant is neither the guardian nor the legal heir of the deceased. It would be appropriate for the wife or any other legal heir of the deceased to file an appeal against the order of acquittal and when such family members are available, the brother has no locus standi. 4 Hence, we allow the appeal to be withdrawn with liberty to file an appeal by the wife or son/daughter of the deceased against the order of acquittal in Sessions Case No.679 of 2009 and the appeal is disposed. (A.M.THIPSAY, J.) (B.H.MARLAPALLE, J.)