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Supreme Court of India 2019-12-10

SAEEDA KHATOON ARSHI vs THE STATE OF UTTAR PRADESH

Bench: 2 — D.Y. Chandrachud, Hrishikesh Roy

In Brief

The appellant, mother of a woman who died in her marital home in 2017, challenged the High Court's decision that set aside an order summoning the deceased's spouse as an accused. The woman's death was initially treated as suicide, but the mother alleged murder and sought investigation. Though a chargesheet was filed against another person for abetting suicide, the trial judge summoned the spouse under Section 319 of the Criminal Procedure Code based on witness evidence that he was the sole occupant present when the death occurred, failed to report it, and hastily arranged burial. The Supreme Court upheld this order, holding that courts can summon persons appearing guilty during trial based on strong evidence, even if police investigations did not implicate them initially, and that the spouse's exclusive knowledge of events within the matrimonial home satisfied the threshold for summoning.

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