Case Note & Summary
The case involved an appeal against a judgment of the Allahabad High Court which quashed an order summoning Kapil Dev Singh to face trial for the murder of Nigam Singh. The incident occurred on 15.12.1995 when Nigam Singh's family members were murdered, leading to a trial against several accused. On 16.3.2002, during the ongoing trial, Nigam Singh was shot after refusing to retract his testimony against the accused. Rajendra Singh, the first informant, lodged an FIR against Kapil Dev Singh and others. The Sessions Judge initially summoned Kapil Dev Singh based on the FIR and witness statements. However, the High Court later quashed this order, citing the presence of Kapil Dev Singh in a meeting at the time of the incident, relying on statements recorded under Section 161 Cr.P.C., which are not substantive evidence. The Supreme Court found that the High Court erred in relying on inadmissible evidence and that the burden of proof for the alibi lay with Kapil Dev Singh, which he failed to establish. The court restored the Sessions Judge's order summoning Kapil Dev Singh to face trial and requested the High Court to expedite the hearing of a related criminal revision challenging the acquittal of a co-accused. The appeal was allowed, and the High Court's judgment was set aside.
Headnote
A) Criminal Procedure - Summoning of Accused - Restoration of Summoning Order - Code of Criminal Procedure, 1973, Section 319 - The Supreme Court held that the High Court relied on inadmissible evidence to quash the order summoning the accused, which was based on the FIR and corroborative statements made during the trial. The court emphasized that the evidence must be admissible and that the burden of proof for an alibi lies with the accused, which was not met in this case. Held that the order of the High Court was set aside and the summoning order was restored (Paras 10-13).
Issue of Consideration
Whether the High Court erred in quashing the order summoning the accused under Section 319 Cr.P.C.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the order summoning Kapil Dev Singh to face trial under Section 319 Cr.P.C.
Law Points
- Section 319 Cr.P.C.
- Section 482 Cr.P.C.
- Section 161 Cr.P.C.
- Section 103 Evidence Act
- alibi
- summoning of accused
- admissibility of evidence
