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Yadwinder Singh v. Lakhi Alias Lakhwinder Singh and Anr.

Criminal Appeal · 2025 INSC 420Decided 26 Mar 2025
Crl.A. Nos.-001713-001720-2025 (arising out of SLP(Crl.) Nos.14822-14829/2024)
Justice Ahsanuddin Amanullah · Justice Prashant Kumar Mishra

Background

The appellant's brother was murdered, allegedly by a group of people who pulled him out of a car and killed him, in an incident with apparent political overtones (the deceased was a sitting Sarpanch/village head). The trial court summoned several private respondents as additional accused under Section 319 of the CrPC based on eyewitness testimony naming them. The Punjab and Haryana High Court set aside these summons, partly relying on a Special Investigation Team (SIT) report that found the respondents could not have been present at the scene. The complainant appealed to the Supreme Court.

Decision Breakdown

The Supreme Court extensively reviewed the settled legal framework on Section 319 CrPC, including the five-judge Constitution Bench rulings in Hardeep Singh v. State of Punjab and Sukhpal Singh Khaira v. State of Punjab, which hold that courts can summon additional accused based on evidence appearing during trial, even from examination-in-chief alone, so long as there is strong and cogent (not merely probable) evidence of complicity. The Court found that eyewitnesses had specifically named the private respondents in their court testimony, and held that the mere existence of a contrary SIT finding does not bar the trial court from exercising its Section 319 power. It also noted the State of Punjab's failure to even appear before the Court despite notice, criticizing this lapse. The Court set aside the High Court's order and restored the summons, while leaving all factual defenses open for trial.

Lesson Learnt

A person can be added as an accused mid-trial if eyewitness testimony in court points to their involvement, even if an earlier police investigation cleared them. The trial court's own assessment of courtroom evidence takes precedence over prior investigative findings at this stage.

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

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