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Can family members of the main accused be summoned to face trial after the chargesheet has been filed, based on evidence that emerges during the trial?
Yes. The Supreme Court has allowed an appeal, ruling that the trial court can summon additional accused (in this case, the mother-in-law, brother-in-law, and brother of the husband) to face trial under Section 319 of the Code of Criminal Procedure, based on evidence that emerges during the trial, even if they were not named in the chargesheet.
The Court emphasized that Section 319 CrPC is an enabling provision to ensure that no guilty person escapes the process of law. The power can be exercised when strong and cogent evidence emerges during trial, indicating the complicity of persons not originally arrayed as accused.
The Supreme Court reiterated that Section 319 CrPC grants extraordinary power that must be exercised sparingly and with due circumspection:
The Court clarified several evidentiary aspects crucial for Section 319 applications:
The Supreme Court found the High Court and Trial Court erred in multiple aspects:
FIR Registered: Appellant Neeraj Kumar lodges FIR under Section 307 IPC alleging his sister Nishi was shot by her husband Rahul at matrimonial home.
Deceased's Statements: Victim records two statements under Section 161 CrPC - first names husband only, second names husband's relatives (mother, brother, brother-in-law) as instigators.
Death of Victim: Nishi succumbs to injuries, converting case to murder under Section 302 IPC.
Chargesheet Filed: Police files chargesheet only against husband Rahul, exonerating his relatives (Respondents 2-4).
Trial Evidence Recorded: Brother (PW-1) and minor daughter (PW-2) testify, implicating relatives in instigation of murder.
Trial Court Rejects Application: Additional District Judge dismisses Section 319 application to summon relatives, finding insufficient evidence.
High Court Affirms: Allahabad High Court dismisses revision, upholding trial court order.
Supreme Court Allows Appeal: Sets aside High Court order, directs trial court to summon Respondents 2-4 as additional accused under Section 319 CrPC.
Focus on Trial Record: Remember Section 319 operates only on evidence recorded during trial, not investigation material.
Strong Witness Testimony: Ensure witnesses clearly attribute specific roles to proposed accused during examination-in-chief.
Documentary Corroboration: Use Section 161 statements, dying declarations, and other documents to corroborate trial evidence.
Specific Allegations: Clearly specify overt acts and roles of each proposed accused.
Evidence Reference: Specifically reference portions of trial evidence supporting each allegation.
Legal Arguments: Argue based on principles from Hardeep Singh, S. Mohammed Ispahani, and Shiv Baran cases cited by Supreme Court.
Omissions in FIR: Counter arguments about FIR omissions by citing that FIR is not an encyclopedia.
Witness Credibility: Argue that credibility assessment is for trial stage, not Section 319 stage.
Minor Witness Issues: For child witnesses, cite Supreme Court guidelines on evaluating their testimony.
High Standard Argument: Emphasize that Section 319 requires stronger evidence than charge framing.
No Strong & Cogent Evidence: Argue evidence is merely probable, not prima facie necessitating trial.
Investigation Material Only: If prosecution relies on investigation material not part of trial record, object strongly.
Improper Evidence: Point out if prosecution relies on evidence not properly recorded during trial.
Mini-Trial Avoidance: Argue court is conducting mini-trial if delving into witness credibility.
Delayed Application: If application is made after long delay without justification, highlight prejudice.
Fresh Trial Rights: Remember under Section 319(4), summoned accused gets fresh trial with all rights.
Cross-Examination Rights: You have right to cross-examine all prosecution witnesses.
Defense Evidence: You can examine defense witnesses and advance arguments.
Definition: Enables court during inquiry or trial to proceed against any person not already accused if evidence shows they committed offence triable together with accused.
Key Phrases: "Appears from the evidence" - Requires evidence adduced before court; "Could be tried" - Discretionary, not mandatory.
Landmark Case: Hardeep Singh vs State of Punjab (2014) - Constitution Bench extensively discussed Section 319 principles.
Definition: Statements by deceased person as to cause of death or circumstances resulting in death are relevant.
Key Principles: No requirement of imminent death; can be recorded by police under Section 161 CrPC; no need for Magistrate or doctor certification.
In This Case: Deceased's Section 161 statements became dying declarations upon her death, admissible despite Section 162 CrPC bar.
Definition: Evidence that, if unrebutted, would lead to conviction. Standard for Section 319 is higher than charge framing but lower than conviction.
Test: More than prima facie case for charge framing but short of satisfaction that evidence would lead to conviction if unrebutted.
Court's Duty: Must find strong and cogent evidence, not mere probability of complicity.
"Section 319 CrPC is an enabling provision, empowering the Court to proceed against any person not already arraigned as an accused if, from the evidence adduced before it, such person appears to have committed an offence. Its object is to ensure that no guilty person escapes the process of law."
This landmark judgment reinforces several crucial principles:
The judgment serves as an important precedent for cases where investigation agencies fail to chargesheet all culpable persons, providing victims with recourse through Section 319 CrPC when strong evidence emerges during trial.