NDLI: Saeeda Khatoon Arshi Vs. State of Up & Anr

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s.319 Cr.P.C Power to proceed against other persons appearing to be guilty of offence
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973: s.319 – Power to proceed against other persons appearing to be guilty of offence – Prosecution case was that appellant received phone call on fateful night at 3 a.m. from second respondent-husband of her daughter that the victim-deceased has hanged herself – Appellant reached the house of her daughter and found her dead body lying on floor – Appellant fell unconscious and when she regained consciousness, she came to know that the second respondent and his relatives bathed and buried the body of deceased – She then saw the photos of the dead body, which showed injury marks on the neck, hands and legs – On her application, the dead body was exhumed and a post-mortem was conducted but the body was in an advanced stage of decomposition and the cause of death could not be ascertained as nine days had elapsed since the date of death and the burial of the deceased – A chargesheet was filed against a person who was friend of second respondent alleged to have abetted the suicidal death of the appellant’s daughter and trial commenced – On the basis of substantive evidence of the appellant during the course of trial against the second respondent, an application was moved under s.319 to summon the second respondent to face trial as he appeared to be complicit in the crime leading to murder of appellant’s daughter – Trial court allowed s.319 application – Second respondent challenged the same before High Court by filing s.482 application – High Court allowed s.482 application and set aside the summoning order – Hence the instant appeal – Held: The order of trial court for summoning the second respondent was on the basis of the evidence which emerged during the course of trial – The order summoning the second respondent was on a careful evaluation of the evidentiary material and based on the principles laid down in the decision of the Constitution Bench in Hardeep Singh – Trial court furnished reasons for relying on the provisions of s.114 of the Evidence Act having due regard to the fact that the incident had taken place within the confines of the matrimonial home where only the second respondent and the deceased were residing on the night when the incident took place – The order passed by trial court did not suffer from any infirmity – On the contrary, it was the High Court which interfered with the findings of trial court on the specious ground that the trial was proceeding against friend of second respondent for an offence under s.319 and that trial court had merely engaged in an exercise of exploring the possibility as to the cause of death – s.319 empowers the court to proceed against a person appearing to be guilty of an offence where, in the course of any enquiry into or trial of, an offence, it appears from the evidence that any person, not being the accused, has committed any offence for which such person could be tried together with the accused – The exercise of the discretion by trial court to summon the second respondent fulfilled the requirements of s.319 – The fact that a protest petition had not been filed by the appellant when the report was submitted under s.173 did not render the court powerless to exercise its powers under s.319 on the basis of the evidence which had emerged during the course of the trial – The order passed by the High Court is unsustainable – Evidence Act, 1872 – s.114.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 1355
Petitioner	Saeeda Khatoon Arshi
Respondent	State Of Up & Anr
SCR	[2019] 14 S.C.R. 829
Judgement Date	2019-12-10
Case Number	1815

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