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SANJAY KAROL, N. KOTISWAR SINGH
Neeraj Kumar @ Neeraj Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SANJAY KAROL, J.
Leave Granted.
2. The present appeal arises out of the impugned judgment and order dated 22nd April 2024 passed by the High Court of Judicature at Allahabad in Criminal Revision No. 4729 of 2023, which affirmed the order dated 3rd August 2023 passed by the Court of Additional District and Sessions Judge, Bulandshahar1[Hereinafter referred to as the ‘Trial Court’.] whereby the application filed by the prosecution under Section 319 of the Code of Criminal Procedure, 19732[Hereinafter referred to as ‘CrPC’], praying for summoning additional accused (Respondent Nos.2 to 4 herein)3[Collectively referred to as ‘the respondents’] in Sessions Trial No.1151 of 2021 arising out of Case Crime No.187 of 2021, was dismissed.
3. The facts in brief, shorn of unnecessary details, are as under:
3.1. On 25th March 2021, the appellant Neeraj Kumar lodged FIR No. 187 of 2021 at PS Sikandrabad under Section 307 of the Indian Penal Code, 18604[Hereinafter referred to as ‘IPC’] alleging that his sister Smt. Nishi5[Hereinafter referred to as ‘the deceased’.] had been shot by her husband, Rahul, at her matrimonial home. The said FIR was registered based on the information received by
(1) Summoning of additional accused to face trial – While statement recorded under Section 161 Cr.P.C. is not substantive evidence in itself, it may be used to corroborate evidence recorded by Court ....
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.
Power to proceed against other persons appearing to be guilty of offence - When strong and cogent evidence comes against a person before the Court and such power should not be exercised in a casual a....
The evidence for summoning an accused under Section 319 Cr.P.C should be based on the allegations in the FIR and the deposition during trial, rather than on the statement made under Section 161 Cr.P.....
(1) Powers under Section 319 Cr.P.C. can be exercised at any stage before final conclusion of trial.(2) On the basis of examination-in-chief of a witness if a case is made out, a person can be summon....
Inconsistent dying declarations cannot suffice for conviction without corroborating evidence, especially when procedural guidelines for a fair trial are not met.
The court held that the power under Section 319 of the Cr.P.C. must be exercised sparingly and requires strong evidence against the accused, not merely suspicion.
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