IMPORTANT POINT
For summoning an accused under Section 319 of CrPC, the nature of the evidence should be such that if it is not rebutted, the accused should be held guilty of the offence.

JUDGMENT :

Dr Dhananjaya Y. Chandrachud, J

1 This appeal arises from a judgment of a learned Single Judge of the High Court of Judicature at Allahabad dated 12 April 2019. The High Court, while allowing an application filed by the second respondent under Section 482 of the Code of Criminal Procedure 1973 (“CrPC”), set aside an order dated 29 January 2019 passed by the Additional District and Sessions Judge - Fast Track Court No 1, Moradabad, summoning the second respondent under Section 319 of the CrPC.

2 The appellant is the mother of Juhi Arshi who died in her matrimonial home during the early hours of 10 June 2017. The second respondent, who was the spouse of the deceased, is alleged to have been the only other occupant of the matrimonial home on the date of the incident. On 12 June 2017, the appellant claims to have moved a First Information Report (“FIR”) at the Police Station Majhola, District Moradabad. According to the appellant, an FIR was eventually registered only on 14 June 2017 upon the intervention of higher officials. The contents of the FIR recorded that:

“The applicant had married my daughter Juhi about 9 years ago with Akram s/o Shri Kasim r/o mohalla Rahamat Nagar, Chappar wali Masjid PS Katra, Moradabad. About three years ago Akram had constructed a MIG – 169 house at Azad Nagar PS Majhola, Moradabad. My daughter was living with her husband Akram and passing her married life in this house for the last 3 years. On 9/10/6/2017 at 3 at night my son-in-law informed by phone that Juhi has hanged herself. I with my husband and son immediately rushed to the house of our son-in-law at Azad Nagar where we saw the dead body of my daughter lying on the floor and a cloth was hanging from the channel. I, my husband and my son on seeing the dead body of Juhi lost our senses and before we could regain our senses and think, meanwhile relatives gave bath to my daughter Juhi and buried her at Azad Nagar graveyard on 10.06.2017 at about 1:30 in the afternoon. On becoming normal when I saw the photos of dead body of my daughter Juhi, injury marks were clearly visible on her body at the neck, hands and legs. She has been murdered hence it is essential that investigation be done by exhuming the dead body of Juhi from the grave and post mortem be done so that the murderer could be reached. Therefore, sir it is prayed that the applicant’s report be lodged, and legal action be taken and dead body of Juhi be taken out from Azad Nagar graveyard and her postmortem be done.”

3. On 14 June 2017, Case Crime No 654 of 2017 was registered against an unknown person. Based on an application submitted by the applicant to the District Magistrate, Moradabad the body of her daughter was exhumed on 19 June 2017, and after an inquest proceeding, a post-mortem was carried out. However, the cause of death could not be ascertained as nine days had elapsed since the date of the death and the burial of the deceased. The post-mortem report recorded that:

“Body is in advanced decomposition stage, skin peeled off, foul smell present, eyes bulging, tongue protruded, nails and ears loose, face bloated, abdomen distended, brain liquefied.”

4. The body was once again exhumed on 1 July 2017, and a post-mortem was conducted by a medical board constituted by the Chief Medical Officer, Moradabad. The medical board confirmed the findings of the earlier post-mortem that the body was in an advanced stage of decomposition. On 12 September 2017, a charge-sheet was filed under Section 173 of the CrPC against a person by the name of Manoj Shrivastav, who is alleged to have abetted the suicidal death of Juhi Arshi and thereby committed an offence under Section 306 of the Indian Penal Code 1860 (“IPC”). On 21 August 2018, the trial commenced before the Additional Sessions Judge – Fast Track Court – 1, Moradabad.

5. On 26 September 2018, charges were framed against one Manoj Shrivastav under Section 306 of IPC, and the appellant was summoned to give evidence in the course of