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SANDEEP KUMAR
Nagendra Tiwary, son of late Ramji Tiwary – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Sandeep Kumar, J.)
Heard learned counsel for the petitioners, learned counsel for the State and learned counsel appearing for the father of the deceased.
2. In this case, the petitioners have challenged the order dated 15.11.2022 passed by the learned Additional District & Sessions Judge, VII, Saran at Chapra, in S. Tr. No.467 of 2016, by which the petitioners have been summoned under section 319 of the Criminal Procedure Code to face the trial for the offences under Sections 323, 307, 498-A, 504/34 of the Indian Penal Code in connection with Manjhi P.S. Case No.164 of 2015.
3. This Court vide order dated 22.07.2024 permitted learned counsel for the petitioners to withdraw this application on behalf of petitioner no.1. Hence, this order is restricted to petitioner nos. 2 to 4 only.
4. As per the prosecution case, the victim namely, Shilpi Devi, gave her statement before the Police in injured condition, alleging therein that she was married to Satya Prakash Tiwari in the year 2013 as per Hindu customs but just after one month of the marriage, Nagendra Tiwari her father-in-law; Satya Prakash Tiwari her husband; Prabhakar Tiwari and Diwakar Tiwari her brothers-in-law and Rak
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.
The court clarified that under Section 319 Cr.P.C., a prima facie case is sufficient for summoning additional accused, emphasizing that evidence merits are to be assessed during the trial.
The power under Section 319 of Cr.P.C. is discretionary and should be exercised before the conclusion of the trial. The Court must find prima facie evidence against the proposed accused and follow th....
Section 319 Cr.P.C is an enabling provision empowering Court to take appropriate steps for proceeding against any person(s) not being an accused at any stage during trial i.e., before conclusion of t....
The court's discretion to summon additional accused under Section 319 Cr.P.C. is based on the evidence presented, but the death of a key witness and the nature of evidence from other witnesses can im....
Application of Section 319 Cr.P.C. requires compelling evidence against newly added accused, with discretion to be exercised sparingly based on sufficiency and cogency of evidence.
Dowry Death - Power to proceed against other persons appearing to be guilty of offence - It is true that summoning of an accused under Section 319 Cr.P.C. cannot be resorted to in a cavalier or casua....
The main legal point established in the judgment is that the power under section 319 of Cr.P.C. should be exercised sparingly and only when there is much stronger evidence than mere probability of co....
The court established that under Section 319 of the Cr.P.C., strong and cogent evidence is necessary to summon an additional accused, and mere witness testimony without corroboration is insufficient.
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