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Supreme Court of India 2019-02-27 allowed

Sunil Kumar Gupta and Others vs State of Uttar Pradesh and Others

Bench: 2 — R. Banumathi

In Brief

A young woman died in a burns incident in 2012, with her dying declaration naming only one person (Chanchal @ Babita). The prosecution sought to implead several relatives as additional accused under Section 319 CrPC based on general references in witness testimony. The Supreme Court held that such invocation requires strong, cogent evidence with specific attribution of individual roles—not mere naming in the FIR or vague witness references. General allegations of dowry demands without particulars also cannot justify invoking Section 319 CrPC. The Court allowed the appeal, setting aside the summoning order.

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Criminal Procedure Evidence Section 319 CrPC Dying Declaration Dowry

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