Case Note & Summary
This case involved an appeal against the invocation of Section 319 of the Code of Criminal Procedure (Cr.P.C.) by the Sessions Judge, Khiri, to summon the appellant based on the deposition of the second respondent, the wife of the deceased. The FIR was lodged on 27.06.2015, alleging that the deceased, who was the appellant's driver, was murdered by the appellant with the help of his friends. The second respondent testified that her husband had informed her he was going to Gola with the appellant and later went missing, leading to the discovery of an unidentified dead body. The Sessions Judge initially summoned the appellant based on the second respondent's testimony, which was challenged in the High Court and subsequently led to this appeal. The appellant contended that the courts erred in law by invoking Section 319 Cr.P.C. solely based on the untested deposition. The Supreme Court, referencing precedents, emphasized that the invocation of this power requires strong and cogent evidence, more than just a prima facie case. The court found that the evidence presented did not meet the necessary threshold and directed the Sessions Judge to reconsider the case with the appropriate legal standards in mind. The appeal was allowed, and the previous orders were set aside, with directions for a fresh consideration of the matter (Paras 1-5).
Headnote
A) Criminal Procedure - Invocation of Power - Standards for Invoking Section 319 Cr.P.C. - Code of Criminal Procedure, 1973, Section 319 - The court held that the power under Section 319 Cr.P.C. must be exercised sparingly and only when strong and cogent evidence exists against a person, not merely based on probability. The court directed the Sessions Judge to reconsider the matter afresh in light of established principles (Paras 105-106).
Issue of Consideration
Whether the power under Section 319 of the Code of Criminal Procedure was correctly invoked based on the evidence presented.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned judgment and the order of the Sessions Judge summoning the appellant, directing a fresh consideration of the matter in light of established legal principles.
Law Points
- Section 319 Cr.P.C.
- discretionary power
- strong and cogent evidence
- prima facie case
- invocation of power
