Team  SoOLEGAL

MERE DISCLOSURE OF NAMES BY WITNESSES DURING TRIAL DOES NOT MAKE THEM LIABLE TO BE TERMED AS ADDITIONAL ACCUSED IN F.I.R

Team SoOLEGAL 15 Mar 2019 10:12am

MERE DISCLOSURE OF NAMES BY WITNESSES DURING TRIAL DOES NOT MAKE THEM LIABLE TO BE TERMED AS ADDITIONAL ACCUSED IN F.I.R

A complaint was filed by S. Nallasami alleging that his wife, in-laws and other relatives came by vehicles and forcibly entered his house and scolded him. An FIR was registered against some accused under Sections 147, 448, 294(b) and 506 of Indian Penal Code. 
An appeal was filed by 20 persons who were the additional accused in Periyasami and Ors v. S Nallasami. The Supreme Court bench, comprising of Justice DY Chandrachud and Justice Hemant Gupta observed that the case relates to matrimonial dispute. The Court has noted that under Section 319, Code of Criminal Procedure, the summons can be sent only if there is more than one prima facie case as required while framing charges, but which is less than the satisfaction required at the time of conclusion of the trial convicting the accused. It said:

"Large number of people will not come to the house of the Complainant and would return without causing any injury as they were said to be armed with weapons like crowbar, knife and ripper etc.. In the First Information Report or in the statements recorded under Section 161 of the Code, the names of the appellants or any other description have not been given so as to identify them. The allegations in the FIR are vague and can be used any time to include any person in the absence of description in the First Information Report to identify such person. There is no assertion in respect of the villages to which the additional accused belong. Therefore, there is no strong or cogent evidence to make the appellants stand the trial for the offences under Sections 147, 448, 294(b) and 506 of IPC in view of the judgment in Hardeep Singh case (supra)." 
The Supreme Court has observed that when during trial names of some people are disclosed the witnesses, it cannot be regarded as strong and cogent evidence to summon them under Section 319 of the Criminal Procedure Code.

Tagged: SupremeCourt   Trial   Section319   CodeOfCriminalProcedure  
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