Page No.# 1/4 GAHC010175522025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.L.P./38/2025 KENMAYA DEVI W/O. LT. DIL BAHADUR CHETRY, VILL.- JARONI CHAPORI, P/S. TEZPUR, DIST. SONITPUR, ASSAM, PIN-784153 VERSUS THE STATE OF ASSAM AND 4 ORS. REP BY THE PP ASSAM 2:BHUSAN SAIKIA S/O. LT. THANESWAR SAIKIA R/O. VILL.- DIHINGIA KALITAGAON P/S. TEZPUR DIST. SONITPUR 3:PANKAJ KALITA S/O. LT. TGANGADHAR KALITA R/O. VILL.- DIHINGIA KALITAGAON P/S. TEZPUR DIST. SONITPUR 4:NIPEN KALITA S/O. LT. RATNESWAR KALITA R/O. VILL.- DIHINGIA KALITAGAON P/S. TEZPUR DIST. SONITPUR 5:BHUPEN SAIKIA S/O. LT. THANESWAR SAIKIA R/O. VILL.- DIHINGIA KALITAGAON P/S. TEZPUR DIST. SONITPU Page No.# 2/4 Advocate for the Petitioner : MR. B CHETRI, MS. D BORA Advocate for the Respondent : PP, ASSAM, Linked Case : ST.Rev./0/0 KENMAYA DEVI SONITPUR VERSUS THE STATE OF ASSAM AND ORS REP BY THE PP ASSAM ------------ Advocate for : MR BIMAL CHETRI Advocate for : appearing for THE STATE OF ASSAM AND ORS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 20-08-2025 Heard Mr. B. Chetri, learned counsel for the applicant and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam. 2. The instant application is preferred under Section 419, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 and/or Section 378[4], Code of Criminal procedure, 1973 [‘CrPC’ or ‘the Code’, for short] for grant of special leave to prefer an appeal against a Judgment dated 16.06.2025 passed by the Court of Page No.# 3/4 learned Additional Sessions Judge [FTC], Sonitpur, Tezpur [‘the Trial Court’, for short] in Sessions Case no. 87/2020. 3. The accompanying criminal appeal is preferred under Section 413 of BNSS. 4. From the Judgment dated 16.06.2025, it transpires that the applicant as the informant lodged a First Information Report before the Tezpur Police Station on 13.01.1993 against the accused persons inter-alia with allegations that the accused persons shot at her husband and as a result of the injuries sustained, her husband died. The case was initially registered as Tezpur Police Station Case no. 31/1993 under Sections 447/326/307/506/34, Indian Penal Code [IPC]. Later on, charge-sheet was submitted under Section 447/302/34, IPC read with Section 25[1A]/27[3], Arms Act. 5. Charges were also framed under the said offences. However, by the Judgment dated 16.06.2025, all the four charge-sheeted accused persons were acquitted from the charges resulting in their acquittal. 6. The applicant as the appellant is clearly a ‘victim’ falling within the definition of Section 2[y], BNSS. The victim of an offence has the right to prefer an appeal under the proviso to Section 419, BNSS which is a pari materia to Section 372, CrPC and the proviso thereto. 7. The provisions of Section 413 and Section 419[4] of BNSS are pari-materia to the provisions of Section 372 and Section 378[4] of the CrPC. Therefore, the petitioner herein has the right to preferring an appeal under the proviso to Section 413 of the BNSS, which the applicant has already preferred. Page No.# 4/4 8. As no leave is required for preferring the accompanying criminal appeal, this leave petition is closed. The Registry is to register the accompanying criminal appeal and thereafter, to list the same for admission. JUDGE Comparing Assistant