In Brief
This case involved three consolidated criminal appeals filed by Khem Singh (a victim-injured party) challenging the Uttarakhand High Court's acquittal of three accused who had been convicted to life imprisonment by the trial court for a murder and related offences in 1992. During pendency before the Supreme Court, Khem Singh died, and his son (also an injured victim) sought substitution to continue the appeals. The Supreme Court held that under the proviso to Section 372 CrPC (the victim's statutory right to appeal against acquittal), the expression 'right to prefer an appeal' includes the 'right to prosecute an appeal', and legal heirs can continue appeals on behalf of deceased victims. It further held that statutory rigours applicable to State/complainant appeals cannot restrict victims' independent right to appeal. The Court remanded the matter to the High Court for fresh consideration with proper application of mind to evidence, noting the High Court's acquittal judgment was cryptic and lacking reasoned assessment of crucial evidence.
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