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Judgment
A.S. Pachhapure
The counsel for the petitioner is absent
Perused the records. The petitioner, PW-8 is the wife of the deceased Gayarahalli Tammayya who is said to have been murdered by the respondents 2 to 4.
in the trial, the respondents 2 to 4 have been acquitted. Aggrieved by the acquittal, the present revision petition has been filed.
The office has raised an objection regarding the maintainability of the revision petition
the provision u/s 372 of Cr.P.C were amended by the Code of Criminal Procedure (Amendment) Act 2008 and the victim has been conferred with a right to prefer an appeal against any order passed by the Court acquitting the accused, the trial Court acquitted the respondents Nos. 2 to 4 vide the judgment and order dated: 30.07.2010 i.e. consequent to the amendment. Hence, the petitioner has a right to prefer an appeal and that revision is not maintainable
Hence, the revision petition is dismissed as not maintainable, The petitioner is at liberty to file an Appeal against the acquitted respondents.
Office is directed to return the records forthwith to enable the petitioner to have recourse to the remedy.