Supreme Court of India
Sunil Kumar Gupta and Others v. State of Uttar Pradesh and Others
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What the Court ordered
We hold that though only a prima facie case is to be established from the evidence led before the court, not necessarily tested on the anvil of cross-examination, it requires much stronger evidence than mere probability of his complicity.
Judgment, page 7
From the headnote
Code of Criminal Procedure, 1973: s.319 – Summoning of appellants for offence under s.302 IPC – Allegation of dowry death of victim-deceased – Prosecution case was that the dying declaration of the victim-deceased was that she was set on fire on account of demand of dowry by her husband and in-laws – During course of trial, application under s.319 was filed by prosecution seeking to summon the appellants/accused for offence punishable under s.302 stating that their names were mentioned in the FIR and also in the statement of PW-1 and PW-3 – Trial Court held that prima facie evidence was…
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