Court Allows Brother of Deceased to Intervene and Assist Prosecution in Murder Case Against Husband
In a landmark judgment, the Patna High Court has acknowledged the brother of a deceased married woman as her legal heir, thereby granting him the status of a "victim" in a criminal appeal involving the murder of his sister. The decision was rendered in the case of Manoj Kumar v. State of Bihar, where the appellant, Manoj Kumar, the husband of the deceased, was convicted and sentenced to life imprisonment for the murder of his wife.
The court, comprising Justices Bibek Chaudhuri and Dr. Anshuman, delivered the judgment on February 16, 2026, in Criminal Appeal (DB) No. 1486 of 2025. The central issue revolved around whether the deceased's brother could be considered a "victim" under Section 2(wa) of the Criminal Procedure Code, 1973 (CrPC), and thereby be allowed to participate in the legal proceedings.
The appellant's counsel, Mr. Ajay Kumar Thakur, contended that the brother of the deceased did not qualify as a "victim" since he was neither her guardian nor her legal heir. However, the court referred to the Hindu Succession Act, 1956, specifically Section 15(1)(d), which includes the brother of a deceased female as her legal heir under certain conditions. The court thereby concluded that the brother could be regarded as a victim for the purposes of contesting the criminal appeal.
Further, under Section 24(8) of the CrPC, the court permitted the brother to engage an advocate of his choice to assist in the prosecution. Consequently, Mr. Jai Prakash Verma, the advocate for the brother, was allowed to intervene in the appeal.
This judgment underscores the broader interpretation of the term "victim" in legal proceedings, especially in cases involving the death of a female family member. It also highlights the court's commitment to ensuring that all potential victims have the opportunity to participate and contribute to the pursuit of justice.
The court ordered that the brother be added as Respondent No. 2 in the criminal appeal and directed that the appeal be listed for admission at the earliest. The appellant's legal team was instructed to furnish a copy of the appeal memo to the advocate for the brother within a week.
Bottom Line:
Definition of "victim" under Section 2(wa) of CrPC includes the legal heir of a deceased; brother of a deceased married lady can be considered as her legal heir and therefore a "victim" under the law for the purpose of contesting a criminal case or appeal.
Statutory provision(s): Section 2(wa) of the CrPC, Section 15(1)(d) of the Hindu Succession Act, 1956, Section 24(8) of the CrPC, Section 302 of the IPC, Section 27 of the Arms Act.
Manoj Kumar v. State of Bihar, (Patna)(DB) : Law Finder Doc id # 2857215
