Case Note & Summary
The appellant, Neeraj Kumar @ Neeraj Yadav, lodged an FIR alleging that his sister Nishi was shot by her husband Rahul. During investigation, the deceased gave statements under Section 161 CrPC on 25 March 2021 and 18 April 2021, naming not only her husband but also her mother-in-law, father-in-law, and brother-in-law (respondents 2 to 4) as participants in the crime. The charge-sheet was filed only against the husband. The prosecution filed an application under Section 319 CrPC to summon the additional accused, which was dismissed by the Trial Court and affirmed by the High Court. The Supreme Court held that the courts below erred in applying a strict standard of proof. The statements of the deceased, recorded during treatment, clearly implicated the respondents and constituted sufficient material to summon them. The Court allowed the appeal, set aside the impugned orders, and directed the Trial Court to summon the respondents under Section 319 CrPC.
Headnote
A) Criminal Procedure Code - Section 319 CrPC - Summoning Additional Accused - Prima Facie Case - The court has power to summon any person not being an accused if it appears from evidence that such person has committed any offence for which he could be tried together with the accused. The test is whether a prima facie case is made out, not a full proof standard. Statements of the deceased recorded under Section 161 CrPC, naming the respondents, constitute sufficient material for summoning. (Paras 2-10) B) Evidence Act - Dying Declaration - Admissibility - The deceased's statements recorded under Section 161 CrPC, though not dying declarations, are relevant as they were made during treatment and before death. They can be considered for the purpose of Section 319 CrPC. (Paras 3-5) C) Criminal Procedure Code - Section 319 CrPC - Timing of Application - The application under Section 319 CrPC can be filed at any stage before the conclusion of trial. The fact that the application was filed after the examination of some witnesses does not bar its consideration. (Paras 6-8)
Issue of Consideration
Whether the High Court and Trial Court erred in rejecting the application under Section 319 CrPC for summoning additional accused (respondents 2 to 4) despite the deceased's statements naming them as participants in the crime.
Final Decision
Appeal allowed. Impugned orders set aside. Trial Court directed to summon respondents 2 to 4 under Section 319 CrPC and proceed with trial.
Law Points
- Section 319 CrPC
- power to summon additional accused
- test of prima facie case
- evidence collected during investigation
- statements under Section 161 CrPC
- dying declaration
- standard of proof for summoning
