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Hetram @ Babli vs State of Rajasthan & Anr.

Not available · 2024 INSC 903Decided 20 Nov 2024
Not available

Background

During a murder trial, an application was made under Section 319 CrPC seeking to summon the appellant as an additional accused, based on the examination-in-chief of two alleged eyewitnesses who said they saw him hit the deceased with a spade. The trial court rejected the application, but the High Court, in a revision petition, reversed that order and directed that the appellant be summoned. The appellant challenged the High Court's order before the Supreme Court.

Decision Breakdown

The Supreme Court reiterated the settled test from Hardeep Singh v. State of Punjab: the threshold for summoning someone under Section 319 CrPC is higher than a mere prima facie case (as at the charge-framing stage). The court must be satisfied that if the evidence goes unrebutted, it would likely lead to conviction. Crucially, since the application here was made after the cross-examination of the eyewitnesses had already been recorded, the Court held that the cross-examination could not be ignored and had to be weighed along with the examination-in-chief. Finding that the cross-examination contained material omissions amounting to contradictions, the Court held that no satisfaction of the kind required by Section 319 could be recorded against the appellant. The High Court's order was set aside and the appeal allowed.

Lesson Learnt

Being named by a witness in initial testimony is not, by itself, enough to drag a new person into a criminal trial as an accused. If that witness's account is later undermined in cross-examination, courts must weigh the complete picture, not just the first version, before summoning someone to face trial.

Official source (sci.gov.in)View Judgment (PDF)

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