Supreme Court of India
Sugreev Kumar v. State of Punjab & Ors.
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What the Court ordered
We hold that though only a prima facie case is to be established from the evidence led before the cou rt, not necessarily tested on the anvil of cross-examination, it requi res much stronger evidence than mere probability of his complicity.
Judgment, page 9
From the headnote
Code of Criminal Procedure, 1973: s. 319 – Application under – In a criminal proceeding trying three accused for offences u/ss. 302, 307, 341 r/w s.34 IPC and u / ss. 25, 54 and 59 of Arms Act, 1959 – For summoning eight person s to face trial, on the basis of testimony of a witness wher eby he had deposed that eleven persons were involved in the crime – T rial court summoned one person and dismissed the application qua seven persons – High Court affirmed the order of trial court – O n appeal, held: Section 319 empowers summoning of any person on the basis of any relevant evidence – However,
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