Rajasthan High Court - Jaipur
Durga Lal Son Of Suraj Mal vs State Of Rajasthan on 20 February, 2023
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 253/2023
Durga Lal Son Of Suraj Mal
----Appellant
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : None present
For Respondent(s) : Mr. Laxman Meena, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
20/02/2023
Lawyers are abstaining from making appearance before this Court.
Matter comes up on an application filed on behalf of the appellant under Section 482 Cr.P.C. for treating the S. B. Criminal Appeal as D. B. Criminal Appeal.
A perusal of the judgment is revealing that the appellants are injured/victim of a criminal prosecution for offence under Section 302 along with some lesser offences in which after a rigorous trial, the learned trial court has acquitted the accused respondents from offence under Section 302/149 IPC and convicted them only under Section 341 and 323 IPC vide judgment dated 25.11.2022.
Aggrieved by the judgment impugned, an appeal under the proviso of Section 372 of the Cr.P.C. has been preferred. Since the prayer in the appeal is made for reversal of judgment for conviction of the accused under Section 302 IPC, therefore, the appeal is not maintainable before this Court and it is liable to be (Downloaded on 24/02/2023 at 12:20:47 AM) (2 of 2) [CRLAS-253/2023] preferred before the Division Bench as per Rule 55 (xiii) of the Rajasthan High Court Rules, 1955. In this view of the matter, the application is allowed. S. B. Criminal Appeal is directed to be listed before the Division Bench of this Court. Necessary amendment is allowed to be made in the memo of appeal.
(FARJAND ALI),J Pcg/96 (Downloaded on 24/02/2023 at 12:20:47 AM) Powered by TCPDF (www.tcpdf.org)