JUDGMENT :

1. Heard Sri Baijant Kumar Mishra, learned counsel for the appellant and learned A.G.A. Sri Ratan Singh through video conferencing.

2. The present appeal has been filed against the acquittal order dated 11.01.2002 passed by Additional Sessions Judge, Court No.7, Deoria in Sessions Trial No.94 of 1992 (State vs. Yogendra and others) arising out of Case Crime No.150 of 1991, under Sections 147, 148, 302, 302/149 IPC P.S. Vishunpura District Doeria now Kushinagar.

3. The present appeal has been filed along with delay condonation application filed under Section 5 of Limitation Act as well as along with a Misc. Application for granting leave to appeal under Section 372 CrPC.

4. The Stamp Reporter has reported this appeal beyond time by 5172 days and on the date of presenting this appeal before this Court which was beyond time by 5173 days.

5. Learned counsel for the appellant has submitted that appeal filed at the instance of the informant would be maintainable under Section 372 CrPC in view of the amendment inserted by Act No.5 of 2009 w.e.f. 31.12.2009. Learned counsel for the appellant has drawn the attention of this Court towards Section 372 CrPC which is quoted as under:

"372.