Victims cannot appeal for enhancement of sentences under Section 372 Cr.P.C., which is reserved for the State under Section 377.

JUDGMENT :

1. Heard Shri Virendra Singh, learned counsel for the appellant and Shri Vikas Kumar Tiwari holding brief of Shri Pulak Ganguly who has submitted his power in the registry by today itself for accused/ respondents and learned A.G.A. for the State and perused the grounds taken by the appellant.

2. This Criminal Appeal u/s 372 Cr.P.C. is being filed on behalf of Girish Chand Singh assailing the legality and validity of the judgment and order dated 13.10.2023 passed by the learned Additional Sessions Judge, Court No.5, Kushinagar, Padrauna while deciding Session Trial No.239 of 2010 (State of U.P. vs. Upendra Singh and 4 others) arising out of Case Crime No.430 of 2009, under Sections 498A, 304B, 302, 201 I.P.C. and Section ¾ Dowry Prohibition Act, Police Station-Kaptanganj, District- Kushinagar.

3. The order impugned shows that accused-respondents namely Upendra Singh S/o Gabbu Singh and Gabbu Singh S/o Mohan Singh both resident of village Somali, P.S. Kaptanganj, District Kushinagar were convicted for the offence under section 498A IPC and sentenced two years R.I. and Rs.3,000/-fine in default payment of fine additional two months simple imprisonment, under section 304B IPC and sentenced 10 years R.I., under section 304 Part-1 IPC and sentenced for 10 years R.I. and Rs.15,000/-and in default payment of fine additional six months simple imprisonment, under section 201 IPC and sentenced for three years R.I. and Rs.5,000/-fine and in default payment of fine additional three months simple imprisonment, under section 4 Dowry Prohibition Act and sentenced under section one years R.I. and Rs.2,000/-fine and in default payment of fine additional one month simple imprisonment. All the sentences would run concurrently.

4. While assailing the legality and validity of the judgement and order a number of grounds were taken by the appellant. The prayer sought by the appellant-informant is :

“It is , therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to allow the appeal and enhance the sentence of opp.no.2 & 3 to life imprisonment u/s 304-B, 304 Part- 1.”

5. Thus additional prayer is sought for enhancing the sentence and convicting the appellant under section 304B and 304 Part-1 I.P.C. has been made. Thus from the aforesaid, it is clear that there is a solitary prayer to allow the appeal and enhance the sentence in the exercise of power under section 372 Cr.P.C.

6. At this juncture, the court has lay its hand over a judgement of Hon’ble Supreme court in Parvinder Kansal Vs. The State of NCT of Delhi & Anr. in Criminal Appeal No. 555 of 2020 arising out of S.L.P. (Crl.) No.3928 of 2020 decided by Hon’ble Apex Court on 28.8.2020 :-

“9. Chapter XXIX of the Code of Criminal Procedure, 1973 deals with ‘Appeals’ and Section 372 makes it clear that no appeal to lie unless otherwise provided by the Code or any other law for the time being in force. It is not in dispute that in the instant case appellant has preferred appeal only under Section 372, Cr.PC. The proviso is inserted to Section 372, Cr.PC by Act 5 of 2009. Section 372 and the proviso which is subsequently inserted read as under:

“372. No appeal to lie unless otherwise provided. – No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force:

Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.”

A reading of the proviso makes it clear that so far as victim’s right of appeal is concerned, same is restricted to three eventualities, namely, acquittal of the accused; conviction of the accused for lesser offence; or for imposing inadequate Crl.A.@S.L.P.(Crl.)No.3928 of 2020 compensation. While the victim is given