Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Allegation of dowry death of victim-deceased s.319 Cr.P.C Summoning of appellants for offence under s.302 IPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Dowry Prohibition Act, 1961 (28 of 1961) Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.319 – Summoning of appellants for offence under s.302 IPC – Allegation of dowry death of victim-deceased – Prosecution case was that the dying declaration of the victim-deceased was that she was set on fire on account of demand of dowry by her husband and in-laws – During course of trial, application under s.319 was filed by prosecution seeking to summon the appellants/accused for offence punishable under s.302 stating that their names were mentioned in the FIR and also in the statement of PW-1 and PW-3 – Trial Court held that prima facie evidence was available against the appellants and allowed the application – High Court dismissed the revision petition against the order of Trial Court – On appeal, held: No prima facie case was made out for summoning the appellants and to proceed against them for the offence punishable under s. 302IPC – In the dying declaration, deceased had only mentioned the name of her sister-in-law and she had not mentioned the names of others – Even the charge sheet for the offence punishable under s.302 IPC was filed only against her sister-in-law – For summoning an accused under s.319, it requires much stronger evidence than mere probability of his complicity which is lacking in the instantcase – In his complaint lodged before the police on the next day of incident, PW-1, the father of deceased neither stated the names of the appellants nor attributed any overt act – Likewise, in their evidence before the court, PWs 1 and 3 only stated that the deceased told them that her sister-in-law and all others have set fire on her – Neither the complaint nor the evidence of witnesses indicated as to the role played by the appellants in the commission of the offence and which accused committed what offence – The averments in the complaint and the evidence regarding the demand of dowry was vague and no specific demand was attributed to any of the appellants – In such circumstances, there was no justification for summoning the appellants for offence under s.498AIPC, ss.3 and 4 of Dowry Prohibition Act and under s.302 IPC –The impugned order is liable to be set aside – Penal Code, 1860 –ss. 498A and 302 – Dowry Prohibition Act – ss.3 and 4. Code of Criminal Procedure, 1973: s.319 – Power of court under s.319, scope – Held: s.319(1) empowers the Court to proceed against any person not shown as an accused if it appears from the evidence that such person has committed any offence for which such person could be tried together along with the accused– Power under s.319 is a discretionary and an extraordinary power and is to be exercised sparingly and only in those cases where the circumstances of the case so warrant and that only where strong and cogent evidence occurs against a person from the evidence led before the court that such power should be exercised and not in a casual and cavalier manner. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2019 INSC 284 |
Petitioner | Sunil Kumar Gupta And Others |
Respondent | State Of Uttar Pradesh And Others |
SCR | [2019] 4 S.C.R. 875 |
Judgement Date | 2019-02-27 |
Case Number | 395 |
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