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TMI Blog2012 (12) TMI 1140X X X X Extracts X X X X X X X X Extracts X X X X ..... r of succession amongst agnates and cognates. In view of the provisions of Sections 8 and 9 of the Hindu Succession Act, the appellant being a Class-II heir would not inherit anything from his deceased brother, as he is survived by his wife. Thus, the appellant is not entitled to the property of the victim under the applicable law of inheritance. Though the appellant falls in one of the category of heirs as per the Hindu Succession Act, but the Legislature deliberately used the word "legal heir", which strictly means a person who is entitled to the property of the victim under the applicable law of inheritance i.e. Hindu Succession Act. Hence, we are of the considered opinion that when it is the intention of the Legislature to give right of appeal to the legal heir, the appellant will not fall within the definition of "legal heir" and he is not entitled to prefer an appeal to this Court under Section 372 Cr. P.C. against acquittal of the accused. Incident has taken place on 07.12.2007 and the amendment to Section 372 Cr. P.C. has come into force w.e.f. 31.12.2009, where the victim can prefer an appeal against acquittal. The appellant fails, and as such, the appeal is liable to be d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppropriate to refer to definition of 'victim', as defined in the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by the General Assembly of the United Nations, vide its Resolution No. 40/34, dated 29.11.1985. Under the heading Victims of Crime, the word "victims" is defined as follows: 1. "Victims" means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within Member States, including those laws prescribing criminal abuse of power. 2. A person may be considered a victim, under this Declaration, regardless of whether the perpetrator is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between the perpetrator and the victim. The term "victim" also includes, where appropriate, the immediate family or dependants of the direct victim, and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization. 6. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given to the victim to file appeal in cases where the accused is acquitted or is convicted for a lesser offence or where the compensation which is imposed is found to be inadequate. 9. Now the question is who is a "victim"? The word "victim", is defined under Section 2(wa) Cr. P.C., and it reads as follows: 2(wa) '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 the expression 'victim' includes his or her guardian or legal heir. 10. Even though the definition of the word "victim" has been given a wide meaning in the Declaration of the United Nations, but the Legislature has given a very narrow meaning. The word 'victim', as defined in Section 2(wa) of Cr. P.C., 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 is treated as victim, which expression, includes his or her guardian or legal heir. 11. In this backdrop the question that arises for consideration before this Court is: Whether the appellant who is the de facto complainant and brothe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he respondents next relied on the judgment of the Kerala High Court in John v. Shibu Cherian. In the said case, the appellant, who is the de facto complainant and C.W. 1, preferred appeal against the order passed by the Magistrate, acquitting the accused of the offences punishable under Sections 114, 143, 147, 148, 443, 427 and 506(ii) read with Section 149 I.P.C. along with application to condone the delay in preferring the appeal. The respondents-accused, entered their appearance upon receipt of notice. After the delay being condoned, the appeal came up for admission, and at that stage, the respondent-accused, raised preliminary objection about maintainability of the appeal itself, having regard to the proviso to Section 372 Cr. P.C. The Kerala High Court having taken notice of the amendment brought to Section 372 Cr. P.C., which came into effect from 31.12.2009, whereby a proviso, as already noticed supra, came to be introduced, held as follows: ... Thus, in the light of the above proviso to Section 372 Cr. P.C., the remedy is available to the victim to file an appeal before the court in which the appeal will ordinarily lie against the order of conviction. Thus, according to m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es the order of succession amongst heirs in the schedule. Those in Class-I take simultaneously and to the exclusion of all other heirs, there in the first entry in Class-II are preferred to those in the second entry. Section 12 prescribes the order of succession amongst agnates and cognates. 19. In view of the provisions of Sections 8 and 9 of the Hindu Succession Act, the appellant being a Class-II heir would not inherit anything from his deceased brother, as he is survived by his wife. Thus, the appellant is not entitled to the property of the victim under the applicable law of inheritance. Though the appellant falls in one of the category of heirs as per the Hindu Succession Act, but the Legislature deliberately used the word "legal heir", which strictly means a person who is entitled to the property of the victim under the applicable law of inheritance i.e. Hindu Succession Act. Hence, we are of the considered opinion that when it is the intention of the Legislature to give right of appeal to the legal heir, the appellant will not fall within the definition of "legal heir" and he is not entitled to prefer an appeal to this Court under Section 372 Cr. P.C. a ..... 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