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Hardeep Singh And Others vs State Of Punjab And Others on 9 December, 2013

After going through the records, we find no material against these appellants. Insofar as appellant no. 1, sister-in-law of the deceased is concerned, she had already been married at the time of marriage of the deceased with her brother. Learned counsel for the respondent/complainant was not denying the aforesaid fact. In these circumstances, the question of participation of sister-in-law (appellant no.1) is doubtful. Similarly, insofar as appellant no. 2 & 3 (brothers-in-law) are concerned, we do not find any cogent material to proceed against them. It may be worth to note that when the charge sheet was filed, these appellants were not named. It is a well settled principle laid down by a Constitution Bench of this Court in Hardeep Singh vs. State of Punjab & Ors. (2013) 3 SCC 92, that in an application under Section 319 Cr.P.C., more than prima facie case has to be established for summoning of such person during trial who had not been made accused at the time of filing of 3 the charge sheet. That ingredient is lacking in this case.
Punjab-Haryana High Court Cites 15 - Cited by 12 - R Bahri - Full Document
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