Supreme Court of India
Sunil Kumar Gupta and Others v. State of Uttar Pradesh and Others
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From the headnote
Code of Criminal Pr ocedure, 1973: s.319 – Summoning of appellants for offence under s.302 IPC – Allegation of dowry death of victim-deceased – Pr osecution case was that the dying declaration of the victim-deceased was that she was set on fir e on account of demand of dowry by her husband and in-laws – During course of trial, application under s.319 was filed by pr osecution seeking to summon the appellants/accused for offence punishable under s.302 stating that their names wer e mentioned in the FIR and also in the statement of PW -1 and PW -3 – T rial Cour t held that prima facie evidence
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