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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Gautam Sharma @ Goutam Sharma – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
The petitioner has approached this Court by the filing present revision petition against the impugned order dated 02.12.2021, passed by the learned Additional Sessions Judge, Faridkot, in the case bearing No. SC-1642021, titled 'State vs. Shubham Modgill', whereby the petitioner has been summoned as an additional accused to face a joint trial under Sections 304-B, 34, 201 of the IPC.
FACTUAL BACKGROUND
2. Succinctly, the facts are that the marriage of the youngest daughter (now deceased) of the complainant was solemnized with the accused, namely, Shubham Modgill on 30.04.2021. As per the complaint, ample dowry articles were given to the accused and his family members during the time of the wedding yet, they were not satisfied. As a result, the daughter of the complainant was subjected to harassment and cruelty. On 30.06.2021, at around 7 PM, the sister-in-law of the deceased called one of the relatives of the complainant and asked him to reach their residence immediately. Upon reaching the matrimonial house of the deceased, the relative learnt that the daughter of the complainant was dead. The complainant was apprised of this unfortunate incident. Sub
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 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 established that the power to summon additional accused under Section 319 of the CrPC is contingent upon the existence of prima facie evidence presented during the trial, and that the trial....
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 court affirmed that the power under Section 319 Cr.P.C. must be exercised before the conclusion of trial and sentencing, allowing for the summoning of additional accused based on evidence.
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