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2012 (12) TMI 1140 - ANDHRA PRADESH HIGH COURTLegal heir - offences punishable under Section 302 r/w 149 I.P.C. - Held that:- Parties are Hindus and the law of heritance applicable to them is the Hindu Succession Act. Section 8 of the Hindu Succession Act sets out the general rules of succession in case of a male Hindu dying intestate, the property would devolve first up on the heirs specified in Class-I of the schedule and secondly, if there is no heir of Class-I, then up on the heirs specified in Class-II of the schedule; thirdly if there is no heir of any of the classes, then up on the agnates of the deceased and lastly if there are no agnates, then up on the cognates of the deceased. Section 9 of the Hindu Succession Act provides the order of succession amongst heirs in the schedule. Those in Class-I take simultaneously and to the exclusion of all other heirs, there in the first entry in Class-II are preferred to those in the second entry. Section 12 prescribes the order of succession amongst agnates and cognates. 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. Incident has taken place on 07.12.2007 and the amendment to Section 372 Cr. P.C. has come into force w.e.f. 31.12.2009, where the victim can prefer an appeal against acquittal. The appellant fails, and as such, the appeal is liable to be dismissed as not maintainable. In the result, the criminal appeal is dismissed as not maintainable.
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