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Judgment
Hemant Gupta, J.
CRM No. 38573 of 2013
In view of the averments made in the application, delay of 15 days in filing the appeal is condoned.
CRM No. 38574 of 2013
Exemption application is allowed, as prayed for.
CRA-D-983-DB of 2013
The present appeal is directed against an order passed by the learned Additional Sessions Judge, Gurgaon, on 06.05.2013 acquitting Krishna, mother-in-law of the deceased Somwati by granting benefit of doubt. The grievance of the appellant is also against the sentence of 10 years awarded to Satender and it is prayed that he should have been sentenced to life.
The learned trial Court has recorded categorical finding that there is not a single instance in evidence, which would reveal that the mother-in-law of the deceased has subjected the deceased to cruelty on account of demand of dowry. It has been found that specific instances of cruelty are leveled against the husband-Satender only.
Learned counsel for the appellant has taken us through the statement of PW-1 and PW-9, brother and father of the deceased, respectively. However, a perusal thereof does not show that the finding recorded by the learned trial Court is suffering from any error. The allegations in the statement are general and sweeping without any specific role to the mother-in-law.
In terms of proviso to Section 372 of the Code of Criminal Procedure, the appeal at the instance of victim lies against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation. However, the victim has not been provided right to appeal in respect of awarding of sentence. Therefore, we find that the appellant cannot be permitted to make any grievance in respect of sentence awarded to Satender by way of present appeal.
In view of the above, we do not find any perversity in the order passed by the learned trial Court, which may warrant interference in the appeal. The present appeal is, thus, dismissed.