NDLI: Shiv Prakash Mishra Vs. State of Uttar Pradesh and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	contradictory statements Exercise of s.319 Power under Cr.P.C
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Code of Criminal Procedure, 1973 – s.319 – Power under – Exercise of – Complaint lodged that respondent no.2-SCS along with other accused viz. SaS, DS, LKS and RS formed themselves into an unlawful assembly and came to the house of the appellantcomplainant and started abusing him due to old enmity – Elder brothers of the appellant, SLM and SKM tried to forbade the accused from abusing – On this, accused SaS fired from the pistol with intention to kill SKM – Second respondent was alleged to have attacked SLM on his head with the butt of home made pistol – SLM succumbed to injuries – Charge sheet filed only against three accused persons namely SaS, DS and LKS – Upon further investigation, supplementary charge sheet filed against accused RS – Appellant filed petition u/s.319, CrPC to implead the second respondent as an accused – Dismissed – Revision petition before the High Court – Dismissed – On appeal, held: Power u/s.319 CrPC can be exercised by the trial court at any stage during trial to summon any person as an accused to face the trial if it appears from the evidence that such person has committed any offence for which such person could be tried together with the accused – Standard of proof employed for summoning a person as an accused person u/s.319 Cr.P.C. is higher than the standard of proof employed for framing a charge against the accused person – Power u/s.319 Cr.P.C. should be exercised sparingly – In the instant case, though the name of second respondent was mentioned in the FIR, during investigation, it was found that he was not present at the place of incident and on the basis of said findings of the IO, he was not charge sheeted – Appellant did not file any protest petition then and there – Further, though, in his chief-examination the appellant stated about the presence of the second respondent, however, in cross-examination he stated that the second respondent was on duty at that time – Appellant made contradictory statements – Evidence brought on record does not prima facie show the complicity of respondent no.2 in the occurrence – Courts below were right in refusing to summon him as an accused – No substantial ground made out warranting interference – Penal Code, 1860 – ss.147, 148, 149, 302, 307, 323 and 504
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 798
Petitioner	Shiv Prakash Mishra
Respondent	State Of Uttar Pradesh And Another
SCR	[2019] 10 S.C.R. 541
Judgement Date	2019-07-23
Case Number	1105

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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