Section 319 CrPC | Merits Of Evidence Has To Be Appreciated Only During Trial; Not At Stage Of Summoning Accused : Supreme Court

The Supreme Court observed that the merits of the evidence has to be appreciated only during trial and not at the stage of Section 319 CrPC.

In this case, an application under Section 319 CrPC was moved before the Trial Court and the same was allowed. Allowing the revision petition filed by the accused, the High Court set aside this order on a reasoning that he was found innocent during investigation and that he never used the gun and had actually fled from the spot. 

In appeal, the Apex Court observed that this approach of the High Court is not correct. It said:

"The reasoning given by the High Court, cannot be accepted at the stage of consideration of application under Section 319 Cr.PC. The merits of the evidence has to be appreciated only during the trial, by cross examination of the witnesses and scrutiny of the Court. This is not to be done at the stage of Section 319, though this is precisely what the High Court has done in the present case. Moreover, the High Court did not appreciate the important fact that the charges being faced by the accused were under Sections 458, 460, 323, 285, 302, 148 and 149 of IPC."

The court added that for attracting the offence under Section 149 IPC, one simply has to be a part of an unlawful assembly. "Any specific individual role or act is not material.. No overt act needs to be assigned to a member of an unlawful assembly", it said.

"The entire purpose of criminal trial is to go to the truth of the matter. Once there is satisfaction of the Court that there is evidence before it that an accused has committed an offence, the court can proceed against such a person. At the stage of summoning an accused, there has to be a prima facie satisfaction of the Court. The evidence which was there before the Court was of an eye witness who has clearly stated before the Court that a crime has been committed, inter alia, by the revisionist. The Court need not cross-examine this witness. It can stop the trial at that stage itself if such application had been moved under Section 319. The detail examination of the witness and other witnesses is a subject matter of the trial which has to begin afresh.", the court observed while restoring the Trial Court order.

Case details

Sandeep Kumar vs State of Haryana | 2023 LiveLaw (SC) 573 | 2023 INSC 654

Headnotes

Code of Criminal Procedure, 1973 ; Section 319 - The merits of the evidence has to be appreciated only during the trial, by cross examination of the witnesses and scrutiny of the Court. This is not to be done at the stage of Section 319 - Scope and ambit discussed - Referred to Hardeep Singh v. State of Punjab (2014) 3 SCC 92. (Para 4-5)

Indian Penal Code, 1860 ; Section 149 - For attracting the offence under Section 149 IPC, one simply has to be a part of an unlawful assembly -Any specific individual role or act is not material.. No overt act needs to be assigned to a member of an unlawful assembly - Referred to Yunis alias Kariya v. State of Madhya Pradesh AIR 2003 SC 539. (Para 4)

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