In Brief
A man whose wife died following allegedly negligent medical treatment challenged the acquittal of the doctor in the criminal case. The trial court had convicted the doctor under IPC Section 304-A (causing death by negligence), but the Sessions Court acquitted him. The complainant-husband had initially filed an appeal but withdrew it when the State also filed a petition seeking leave to appeal. When the State's petition was dismissed, the complainant was left without recourse. The Supreme Court held that a victim has an independent statutory right under the proviso to Section 372 Cr.P.C., 1973 to appeal against acquittals, separate from the State's appeal rights. This right cannot be defeated by the dismissal of the State's petition. The Court allowed him to renew his appeal before the High Court.
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