In Brief
A woman died in a kerosene fire incident in 2012. Her father filed a complaint alleging multiple family members poured kerosene on her, but her dying declaration named only one person. Only that person was charged with murder. Years into trial, the prosecution sought to summon the appellants (other family members) under Section 319 CrPC as additional accused for murder. The Supreme Court held that summoning additional accused requires much stronger evidence than mere probability. Since the dying declaration named only the charged accused and witness evidence provided no specific acts by the appellants, no prima facie case existed. The Court set aside the summoning orders and allowed the appeals.
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