Brother Of Deceased Is 'Victim' Under CrPC, Can Participate In Husband's Appeal Against Murder Conviction: Patna High Court

The Patna High Court has held that the brother of a deceased person qualifies as a “victim” within the meaning of Section 2(wa) of the Code of Criminal Procedure and is entitled to be heard in criminal proceedings arising out of the offence.A Division Bench of Justice Bibek Chaudhuri and Justice Dr. Anshuman was hearing an intervention application filed by the brother of a deceased woman, seeking to be impleaded as a party respondent in an appeal filed by the convict-husband against his conviction.The deceased, a married woman, had suffered a gunshot injury and later died. Initially, her husband had lodged a complaint, pursuant to which Sheikhpura P.S. Case No. 657 of 2023 was registered under Section 307 IPC and Section 27 of the Arms Act. After her death, Section 302 IPC was added. During investigation, the police found that it was the husband himself who had allegedly shot his wife, following which a charge sheet was filed against him. He was subsequently convicted under Section 302 IPC and Section 27 of the Arms Act and sentenced to life imprisonment by judgment dated 08 August 2025. During the pendency of the appeal against conviction, the brother of the deceased filed an application seeking to be impleaded as a party. Opposing the application, the appellant-husband argued that the brother of the deceased could not be treated as a “victim” under Section 2(wa) CrPC. The High Court reproduced the Section, which reads as:“The “victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir.”Rejecting the appellant's objection, the High Court clarified that while the brother of the deceased cannot be treated as her “guardian”, he nevertheless qualifies as her “legal heir” within the meaning of Section 2(wa) CrPC. The Court observed that in the case of a married woman, the husband is ordinarily regarded as the guardian. However, the definition of “victim” under Section 2(wa) also includes the legal heir of the deceased. Referring to the provisions of the Hindu Succession Act, 1956, which govern succession to the property of a female Hindu, the Court held that the brother of the deceased falls within the category of legal heirs. The Court held:“A married lady has right over the property of his father and the brother of a female Hindu comes within the category of legal heir according to Clause (d) of sub-section 1 of Section 15 of Hindu Succession Act, 1956. In such view of the matter, the brother of a deceased married lady is a legal heir of the deceased victim for the purpose of contesting a criminal case/appeal, and as such, he is considered to be a victim, in our opinion.”Accordingly, the Court allowed the application and directed that the brother of the deceased be impleaded as Respondent No. 2 in the criminal appeal.Case Title: Manoj Kumar v. State of Bihar.Case Number: Criminal Appeal (DB) No. 1486 of 2025.Appearance: Mr. Ajay Kumar Thakur, Ms. Vaishnavi Singh, Mr. Ritwik Thakur and Md. Imtiyaz Ahmad appeared for the Appellant. Mr. Jai Prakash Verma appeared for the Intervenor. Mr. Binod Bihari Singh appeared for the Respondent.Click Here To Read/Download Order

Brother Of Deceased Is 'Victim' Under CrPC, Can Participate In Husband's Appeal Against Murder Conviction: Patna High Court

Rushil Batra

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