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JASJIT SINGH BEDI
Kuldeep Singh – Appellant
Versus
State of Punjab – Respondent
JASJIT SINGH BEDI, J.
The present petition has been filed against the order dated 11.10.2022 whereby the application under Section 319 Cr.P.C. to summon respondent No.2/Kuldeep Kaur as an additional accused in case FIR No.16 dated 21.01.2020 under Sections 302, 34 IPC, at Police Station Sadar Samana, has been dismissed.
2. The present FIR came to be registered at the instance of the petitioner/complainant-Kuldeep Singh, son of Karnail Singh who stated that they were two brothers and two sisters. His elder sister, namely, Sarabjit Kaur (deceased) aged about 34 years, was married to Amrik Singh @ Lali son of respondent No.2-Kuldeep Kaur around 16 years ago. Two sons, namely, Damanpreet Singh, aged about 14 years and Yadvinder Singh, aged 12 years were born from the said marriage. Amrik Singh was working as a Veterinary doctor. Since the last one and a half years, his brother-in-law/ Amrik Singh (husband of the deceased-Sarabjit Kaur), his brother Jassi @ Kala and their mother-Kuldeep Kaur (respondent No.2) had been giving beatings to his sister. A complaint had also been submitted by him in this regard at Police Station Mavi Kalan. Thereafter, on 19.01.2020, his brother-in-law/Amrik Si
The court emphasized the need for admissible evidence and the discretionary power of the court to summon an additional accused under Section 319 Cr.P.C. based on the quality of evidence collected.
Summoning of additional accused to face trial – FIR registered under Sections 304B, 498A, 406, 323 and 34 of IPC – Power of summoning under Section 319 Cr.P.C. is not to be exercised routinely – Exis....
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.
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.
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