Sunil Kumar Gupta vs The State Of Uttar Pradesh

The Supreme Court upheld the High Court's decision affirming the trial court's order to summon the appellants under Section 319 Cr.P.C. for the offence under Section 302 IPC. The Court noted that the dying declaration of the deceased, Shilpa, specifically named the appellants as involved in her death, establishing prima facie evidence against them. The Court emphasized that the power under Section 319 Cr.P.C. should be exercised when there is sufficient evidence, which was present in this case, leading to the dismissal of the appellants' appeal.