Appeal against acquittal-Brother of victim is not his legal heir-not entitled to file appeal
In view of the provisions of Sections 8 and 9 of the Hindu Succession Act, the appellant being a Class - II heir would not inherit anything from his deceased brother, as he is survived by his wife. Thus, the appellant is not entitled to the property of the victim under the applicable law of inheritance. Though the appellant falls in one of the category of heirs as per the Hindu Succession Act, but the Legislature deliberately used the word legal heir which strictly means a person who is entitled to the property of the victim under the applicable law of inheritance i.e. Hindu Succession Act. Hence, we are of the considered opinion that when it is the intention of the Legislature to give right of appeal to the legal heir, the appellant will not fall within the definition of legal heir& and he is not entitled to prefer an appeal to this Court under Section 372 Cr.P.C. against acquittal of the accused.
2001 Laws (Kerala) 844
Andhra High Court
Panapu Sreenivasulu @ Evone Water ... vs For The Petitioner: Mr. A. Tulsi
CITATIONS:2001 Laws (Kerala) 844
-https://www.lawweb.in/2013/11/appeal-against-acquittal-brother-of.html
