Supreme Court of India
Sandeep Kumar v. State of Haryana & Anr
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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 – The appellant- informant (PW-9) moved an application u/s. 319 before the Trial Court to summon three additional accused persons, R, K and P, who were named in FIR but not in the charge-sheet and they were identified by the appellant as assailants in his examination-in-chief during trial – The trial Court allowed the application and summoned the three accused persons – However, the High Court set aside the said order in revision – The revision was allowed for the reasons that R was found innocent during investigation and that he never used the weapon…
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