The main legal point established in the judgment is that the definition of 'victim' under Section 2(wa) of Cr.P.C. is not contingent upon the entitlement to inherit the property of the deceased, and a Christian mother can be considered a victim and have the right to appeal under the proviso to Section 372 of Cr.P.C.

A.M. Babu, J.

1. Legal heir. What does that expression as used in Section 2(wa) of the Code of Criminal Procedure mean? That is the question. SC. No. 74/2016. That was a case on the file of the Courts of Session, Kottayam division. The case was decided by the learned Additional Sessions Judge, Pala. There were 3 accused persons. One died. Others were tried. The 1st accused was convicted and sentenced. The 3rd accused was acquitted.

2. The 1st accused married Suman on 24/11/2002 as per the Christian rites. The couple were blessed with a child. Suman committed suicide on 10/09/2003. Accused 1 and 3 were charged under Sections 304B and 498A of IPC. They were tried. The 1st accused was convicted and sentenced to rigorous imprisonment for seven years and a fine one lakh rupees under Section 304B of IPC. He was sentenced to rigorous imprisonment for three years and a fine of ten thousand rupees under Section 498A of IPC. Separate sentences in default of payment of the fine amounts were also imposed.

3. The appeal is filed against the acquittal of the 3rd accused. She is the sister of the 1st accused. The appeal is filed under the proviso to Section 372 of Cr.P.C. The appellant is the mother of the deceased. The former seeks the leave of the Court under Section 378(3) of Cr.P.C to appeal against acquittal.

4. Heard Sri. Jojo A.V., the learned counsel for the petitioner and Sri. S.U. Nazar, the learned Public Prosecutor.

5. The proviso to Section 372 of Cr.P.C. confers a right on the victim of an offence to prefer an appeal against acquittal. Section 2(wa) of Cr.P.C. defines the term 'Victim'. Thereunder, 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. A Christian mother is entitled to inherit the estate of her daughter only in the absence of widower or a lineal descendants vide Sections 32, 33 and 34 of the Indian Succession Act. The petitioner, a Christian mother, cannot inherit the estate of Suman as Suman was survived by her husband and a child. When that be so, is the petitioner an heir of the deceased? If not, she cannot be granted the leave sought for.

6. It does not appear to us that the Code of Criminal Procedure is particular that an heir of a deceased person as a victim can appeal only if he/she is entitled to inherit the estate of the deceased. There are persons who are in law heirs, but entitled to inherit only in the absence of certain other heirs. We shall refer to the Hindu Succession Act, the Indian Succession Act and the muslim personal law.

7. Section 8 of the Hindu Succession Act refers to the general rules of succession in the case of males. The section provides that the property of a hindu male dying intestate shall devolve according to the provisions of Chapter II. The property shall devolve firstly upon the heirs, being the relatives specified in class I of the schedule. If there is no heir of class I, then the property devolves upon the heirs who are the relatives specified in class II of the schedule. The relatives shown in class II of the schedule are also referred to in the schedule as well as in Section 8 itself as heirs, although they are not entitled to inherit when a person in class I survives the deceased.

8. Sections 15 and 16 of the Hindu Succession Act deal with the inheritance of a female hindu dying intestate. Section 16 states what is the order of succession among the heirs referred to in Section 15. It is also provided in Section 16 as to how the distribution of the intestate's property shall take place. Section 15 provides that the property of a female hindu dying intestate shall devolve firstly upon the sons and daughters (including the children of any predeceased son or daughter) and the husband; secondly upon the heirs of the husband; thirdly upon the mother and father; fourthly upon the heirs of the father; and lastly upon the