In Brief
A woman was shot at her matrimonial home and died from injuries sustained two months later. During treatment, she made statements to police naming her husband as the shooter and his relatives (mother-in-law and brothers-in-law) as instigators. The prosecution sought to add these relatives as accused under Section 319 CrPC during trial, but trial and High Courts dismissed the application. The Supreme Court allowed the appeal, holding that police-recorded statements by a deceased person qualify as dying declarations under Section 32 Evidence Act even without magistrate certification. The Court held that the 'strong and cogent evidence' standard for Section 319 CrPC was met through the deceased's statements, testimony of her brother and daughter, and emphasized courts must not conduct a 'mini-trial' at the summoning stage. The relatives were directed to be summoned to face trial.
The lawyer headnote and full judgment text are available to registered users.