Durga Lal Son Of Suraj Mal vs State Of Rajasthan
2023 Latest Caselaw 2246 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                S.B. Criminal Appeal No. 253/2023

Durga Lal Son Of Suraj Mal
                                                                     ----Appellant
                                    Versus
State Of Rajasthan
                                                                   ----Respondent

For Appellant(s)           :    None present
For Respondent(s)          :    Mr. Laxman Meena, PP



              HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

20/02/2023

Lawyers are abstaining from making appearance before this

Court.

Matter comes up on an application filed on behalf of the

appellant under Section 482 Cr.P.C. for treating the S. B. Criminal

Appeal as D. B. Criminal Appeal.

A perusal of the judgment is revealing that the appellants

are injured/victim of a criminal prosecution for offence under

Section 302 along with some lesser offences in which after a

rigorous trial, the learned trial court has acquitted the accused

respondents from offence under Section 302/149 IPC and

convicted them only under Section 341 and 323 IPC vide

judgment dated 25.11.2022.

Aggrieved by the judgment impugned, an appeal under the

proviso of Section 372 of the Cr.P.C. has been preferred. Since the

prayer in the appeal is made for reversal of judgment for

conviction of the accused under Section 302 IPC, therefore, the

appeal is not maintainable before this Court and it is liable to be

(2 of 2) [CRLAS-253/2023]

preferred before the Division Bench as per Rule 55 (xiii) of the

Rajasthan High Court Rules, 1955. In this view of the matter, the

application is allowed. S. B. Criminal Appeal is directed to be listed

before the Division Bench of this Court. Necessary amendment is

allowed to be made in the memo of appeal.

(FARJAND ALI),J

Pcg/96

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