Nileswari Das vs State of Assam and Others

C.R. Sarma, J—Heard Mr. B.D. Konwar, learned senior counsel, assisted by Ms. J. Phukan, learned counsel, appearing for the appellant and Mr. K. Munir, learned Addl. Public Prosecutor, Assam, appearing for the State respondent. Also heard Mr. D.K. Saikia, learned counsel, appearing for the private respondents. This appeal, against the order of acquittal dated 18.08.2009, passed by the learned Sub-Divisional Judicial Magistrate (Sadar), Morigaon, passed in G.R. Case No. 697/2007 has been filed under Section 372 of the Cr.P.C. by the victim.

The victim has challenged the impugned judgment and order of acquittal, passed by the leaned SDJM, (Sadar), Morigaon in G.R. Case No. 697/2007 under Section 147/148/149/447/448/427 IPC.

The learned Addl. Public Prosecutor, appearing for the State respondent, referring to the proviso to the Section 372 Cr.P.C. has submitted that the order of acquittal being passed by the leaned SDJM (Sadar), Morigaon and the maximum punishment provided for the said offences, under the Indian penal code, being less than 7 (seven) years, the appeal will lie before the learned Sessions Judge, Morigaon instead of the High Court.

Having heard the learned counsel, appearing for both the parties and perusing the materials on record, I find that this appeal has been wrongly filed before the High Court instead of the court of the learned Sessions Judge, Morigaon.

The proviso to section 372 Cr.P.C. has made it clear that the appeal against the acquittal or conviction against the lesser offence or inadequate punishment etc shall lie to the court to which the appeal ordinarily lies on the order of conviction.

Hence, I find that the appeal has been wrongly filed before this court.

In view of the above, this criminal appeal is dismissed. However, the appellant may file appeal in the court of Sessions, Morigaon, subject to provision of law.