2009 (7) TMI 1335 - SC - Indian Laws

Summary

Issues Involved:
The issues involved in this case are the legality and validity of the order passed by the learned Addl. Sessions Judge under Section 319 of the Code of Criminal Procedure summoning the appellants as additional accused in connection with a case under Sections 306/509/420/120B/456 of the Indian Penal Code.

Details of the Judgment:

Issue 1: Summoning of Appellants as Additional Accused
The deceased, in her dying declaration, named both Sarabjit Singh and the appellants as responsible for her death. The evidence presented before the learned Addl. Sessions Judge indicated that the appellants not only supported Sarabjit Singh but also threatened the deceased regarding marriage and blackmail. The court found sufficient material to proceed against the accused, stating that a lady at the time of her death will never tell a lie. The High Court upheld the summoning of the appellants, emphasizing that the evidence showed commission of an offense and that the dying declaration, along with witness statements, supported the need to add the appellants as accused.

Issue 2: Legal Principles and Discretion of the Court
The appellants argued that the immediate cause for the deceased's suicide, throwing of nude photographs, was attributed to Sarabjit Singh alone, and thus, they should not have been summoned as additional accused. However, the court cited legal precedents stating that the court can add other accused based on evidence even if they were not charge-sheeted initially. The court emphasized that the evidence disclosed some offense, and the court's discretion to add accused should be exercised judiciously. The court rejected the argument that the court must wait until cross-examination is over before adding accused, stating that each case must be decided based on its own facts.

Conclusion:
The Supreme Court dismissed the appeal, upholding the judgment that summoned the appellants as additional accused. The court found no reason to interfere with the impugned judgment based on the evidence and circumstances of the case.