Only legal heir of victim can file appeal in criminal case: HC

Justice B D Ahmed dismissed the plea of a father who had filed an appeal against the acquittal of an accused, who allegedly killed his son, on the ground that he is not the legal hair of the deceased as the victim's wife and son were alive.

The father, Chatter Singh, had pleaded before the court that his appeal against acquittal be heard as the deceased man was his son and that he had got every right to bring the alleged killer of his son to justice.

The court after going through various criminal laws said that although Singh's plea appears to be reasonable, the law does not allow it to entertain the appeal.

"This, very emotive argument, appears to be reasonable and also appeals to our sensibilities but, our job as judges is to interpret the statute and, in doing so, to find out the intention of the legislature," Justice Ahmed said.

The court said that only legal heir can file appeal and father is not a legal heir as the victim s's wife and son are alive.

"The use of the expression legal heir as distinct from heir is deliberate. And, therefore, the expression legal heir would have to be given its meaning in law of referring to a person who is entitled to the property of the victim under the applicable law of inheritance. We have seen that the appellant is not such a person. As such, he cannot be regarded as a legal heir of the victim," the court said.

"In view of the provisions Hindu Succession Act, the father being a Class II heir would not inherit anything from his deceased son in the presence of widow and children who, being Class I heirs," the court said, adding that as "the father is not entitled to the property of the victim he would not fall within the expression legal heir in relation to his deceased son."