Jagmohan Bhola v. Dilbagh Rai Bhola

Quick Summary

This case clarifies two things. First, a brother of the deceased can be a “victim” under Section 2(wa) CrPC. Second, a victim’s appeal under the proviso to Section 372 CrPC does not need prior leave of the High Court. The proviso creates a special path for victims to appeal against acquittal, conviction for a lesser offence, or inadequate compensation.

Issues

• Does the appellant qualify as a “victim” under Section 2(wa) CrPC and thus get the right to appeal under Section 372 proviso?
• Is prior leave of the High Court needed for such a victim’s appeal?

Rules

• The proviso to Section 372 CrPC is a special provision, separate from the State’s right under Section 378.
• It covers three situations equally: acquittal, lesser offence, and inadequate compensation.
• No prior leave is required for victim appeals under the proviso to Section 372, as the statute does not impose it.

Arguments

Judgment (Held)

• The appellant is a “victim” under Section 2(wa) given the family situation.
• No leave is needed for victim appeals under the proviso to Section 372.
• The proviso is an independent, special route distinct from Section 378 (State appeals).
• For victim appeals, admission is not automatic; a prima facie error must be shown in the trial court judgment.

Ratio Decidendi

The proviso to Section 372 CrPC grants substantive, independent appellate rights to victims, covering acquittal, lesser conviction, and inadequate compensation—all on the same footing—without a leave requirement. “Victim” under Section 2(wa) includes close kin like the deceased’s brother in appropriate circumstances.

Why It Matters

This decision strengthens victim participation. It prevents procedural barriers from blocking genuine victim appeals and clarifies that they are not dependent on the State’s choices under Section 378.

Key Takeaways

• Victim status (Sec 2(wa)) can include a deceased’s brother.
• No prior leave needed for Section 372 proviso appeals.
• Three scenarios: acquittal, lesser offence, inadequate compensation—same footing.
• Prima facie error must be shown for admission of victim appeals.

Mnemonic + 3-Step Hook

Mnemonic: “VIC-372: NO LEAVE, THREE BELIEVE.”

1. VICtim under Sec 2(wa) includes close kin.
2. 372 proviso gives a separate appeal path.
3. NO LEAVE + THREE grounds (acquittal, lesser, compensation) on equal footing—if courts believe there’s a prima facie error.

IRAC Outline

Glossary

Victim (Section 2(wa) CrPC)

A person who has suffered harm or loss due to the offence; can include relatives in suitable cases.

Proviso to Section 372 CrPC

Gives victims an independent right to appeal in three specific situations.

Leave to Appeal

Permission from court to file an appeal. Not required here for the victim’s appeal under the proviso.

FAQs

Related Cases

• Decisions interpreting Section 2(wa) CrPC and who qualifies as “victim”.
• Cases distinguishing Section 372 proviso appeals from Section 378 State appeals.