R. Subhash Reddy JUDGMENT
R. Banumathi, J.
1. Leave granted.
2. These appeals arise out of the order dated 25.04.2017 passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1354 of 2017 in and by which the High Court has affirmed the order of the trial court summoning the Appellants Under Section 319 Code of Criminal Procedure for the offence punishable Under Section 302 Indian Penal Code.
3. Marriage of deceased Shilpa, daughter of Sudhir Kumar Gupta (PW-1) was solemnized with Dimpal @ Akash Deep on 26.01.2006. Out of the wedlock, two children were born. According to the complainant-Sudhir Kumar Gupta (PW-1), his daughter Shilpa was complaining about the demand of dowry by her husband Dimpal @ Akash Deep and the Appellants-her in-laws. Complainant-PW-1 alleged that on 19.08.2012, his daughter Shilpa was set ablaze and she told him in full consciousness that Chanchal @ Babita, Sachin, Sunil Kumar Gupta (Elder uncle of Dimpal), Pushpa (wife of Sunil Kumar Gupta), Vicky (Son of Sunil Kumar Gupta), Neeru, Shrikant Gupta (Brother of Sunil Kumar Gupta), Bhagwan and Khusbu Gupta have poured kerosene on her and burnt her. Dying declaration of Shilpa was recorded by the Tehsildar on 19.08.2012 at 09.40 PM in which she stated that Chanchal @ Babita poured kerosene and set her on fire. Deceased Shilpa succumbed to injuries on the same day at night i.e. 19.08.2012. On the complaint lodged by Sudhir Kumar Gupta (PW-1), FIR was registered against nine Accused including the Appellants Under Sections 304-B, 498A, 302 Indian Penal Code and Under Sections 3 and 4 of the Dowry Prohibition Act, 1961. On completion of investigation, charge sheet was filed against Chanchal @ Babita (wife of Sachin Kumar) for the offence punishable Under Section 302 Indian Penal Code. So far as other Accused are concerned, the charge sheet stated that no offence was made out Under Sections 498A, 304-B Indian Penal Code and Under Sections 3 and 4 of the Dowry Prohibition Act, 1961.
4. In the trial, Sudhir Kumar Gupta (PW-1), Mohit Agarwal (PW-2), and Munish Gupta (PW-3) were examined on 30.10.2014, 06.11.2015 and 08.11.2015 respectively. About one year thereafter during the course of trial on 04.10.2016, an application Under Section 319 Code of Criminal Procedure was filed by the prosecution seeking to summon the Appellants/Accused for the offence........