VidhiSangh

Supreme Court of India · 31/07/2025

KHEM SINGH (D) THROUGH LRS versus STATE OF UTTARANCHAL (NOW STATE OF UTTARAKHAND) & ANOTHER ETC.

[2025] 7 S.C.R. 2108 · 2025 INSC 1024

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Summary

Where an injured victim who had appealed under the proviso to Section 372 CrPC against the High Court's acquittal of the accused died during the pendency of his appeals in the Supreme Court, his son and legal heir was permitted to be substituted and to prosecute the appeals. The 'right to prefer an appeal' in the proviso includes the right to prosecute it, 'victim' under Section 2(wa) includes a legal heir, and Section 394(2) does not abate such an appeal. On merits, the High Court's cryptic judgment of acquittal, delivered without evaluating the evidence, was set aside and the appeals remanded for fresh hearing.

Issues

  1. Whether the legal heir of a deceased appellant-victim who had preferred an appeal under the proviso to Section 372 CrPC can be substituted to continue prosecuting the appeal, or whether the appeal abates under Section 394(2) CrPC.
  2. Whether a victim who is also the complainant must proceed under Section 378(4) CrPC with special leave, or may appeal as of right under the proviso to Section 372.
  3. Whether a High Court hearing a first appeal against conviction under Section 374(2) CrPC can reverse a conviction and acquit without independently evaluating the evidence.

Provisions considered

Held

Result

Applications allowed: delay condoned, abatement set aside, applicant substituted for the original appellant. Criminal appeals allowed on the limited ground that the High Court's judgment dated 12.09.2012 is cryptic and unreasoned; it is set aside without any observation on merits and the appeals remanded to the High Court of Uttarakhand for rehearing, with the appellant and the State heard, as expeditiously as possible. Accused Nos.4, 3 and 2 to remain on bail on executing fresh bonds of Rs.15,000 each with two sureties before the Principal District and Sessions Judge, Haridwar.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 2108.