Power of trial court under Section 319 CrPC to summon other persons as accused wide: SC
The Supreme Court recently observed that the powers under Section 319 CrPC of the court to summon other persons as accused are wide. Court held that anyone found involved in a crime during trial or inquiry can be summoned and tried alongside the existing accused it added.
A bench of Justices Sudhanshu Dhulia and K Vinod Chandran allowed a criminal appeal by appellant, Akhilesh, who challenged the order of July 08, 2024 passed by the High Court of Judicature at Allahabad where criminal revision filed by respondent no 2 (Krishna Pal Singh) and respondent no 3 (Sanju @ Sanjay) was allowed and the trial court’s order of July 07, 2023, summoning them under Section 319 of Code of Criminal Procedure, 1973 was set aside.
"The high court erred in setting aside the well reasoned order of trial court by giving undue weightage to the Section 161 CrPC statements of some witnesses. When the trial court, on the strength of the testimonies of PW-1, the appellant herein and PW-2, a cousin of the appellant has summoned respondent nos 2 and 3 to face trial, then this decision of the trial court does not merit interference in the light of the evidence before the court," the bench said.
On November 15, 2021, the appellant filed an FIR at Police Station Dataganj, Badaun, Uttar Pradesh under Sections 302, 504 and 506 of IPC, alleging that four persons, namely Gajendra, Mahendrapal, Krishnapal (respondent no. 2) and Sanju (respondent no. 3) shot his father (deceased) dead due to a dispute over the boundary of an agricultural field.
The charge sheet was filed under Sections 302, 504, and 506 ofthe IPC against Gajendra and Mahendrapal, while a final report was filed in relation to two other accused.
Based on the depositions of two prosecution witnesses, who stated that respondent nos. 2 and 3 were amongst the assailants, the trial court, by its order, exercised its powers under Section 319 CrPC and summoned the two to face the trial. This order of the trial court was challenged before the high court in revision, and this was allowed.
After hearing the counsel and looking at the depositions and the post mortem report, the bench said, "It is our considered opinion that the trial court rightly summoned respondent nos. 2 and 3 under Section 319 CrPC to face the trial".
The court pointed out, in its summoning order, the trial court further noted that one Santosh, who was also named in the FIR as an eyewitness, had stated in his Section 161 CrPC statement that all four persons named in the FIR were present at the spot.
The trial court observed that the police erred in exonerating Krishnapal and Sanju @ Sanjay (respondent nos.2 and 3, respectively) because some witnesses in their Section 161 CrPC statements said that these two were present at the Shiv temple of the village in connection with a funeral of another villager, on the day of the incident.
The apex court noted that within a few hours of the incident, the FIR was lodged in which respondent nos. 2 and 3 had been named as accused, and the eyewitnesses had also deposed before the court, regarding the presence of these two persons at the spot.
"Under these circumstances, we see no reason why respondent nos. 2 and 3 should not face the trial," the bench said.
Though counsel for respondent nos. 2 and 3 argued thatthe credibility of PW-1 (the appellant) was in doubt since he was not present at the spot at all and thus, was not an eyewitness to the incident. Further, doubts had been raised on the credibility of another witness stating that he was a close relative of the deceased.
"However, we are of the view that this court, at this stage, cannot go into these details as these are the issues that would be determined during the trial," the bench said.
Allowing the appeal, the court set aside the high court's order and clarified its observations would have no bearing on the trial as those were made for disposed of the limited issue of summoning the two persons as accused.
Case Title: Akhilesh Vs State of Uttar Pradesh
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