The Supreme Court on Thursday overturned an Allahabad High Court ruling and directed a Bulandshahr trial court to summon three additional accused in a 2021 shooting case that eventually led to the death of a young woman. The hearing, which stretched through the morning, saw the Bench repeatedly questioning why the lower courts had ignored what they called “clear and compelling” material pointing to the involvement of the husband’s relatives.
Background
The case stems from the March 2021 incident in which Nishi, a mother of three daughters, was shot inside her matrimonial home. Her husband Rahul was chargesheeted for murder, but his mother Rajo, brother Sattan, and brother-in-law Gabbar were not.
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The victim’s brother Neeraj Kumar, who later became the appellant before the Supreme Court, argued that the woman had repeatedly named the three relatives-both before and during treatment-yet the police exonerated them. Her nine-year-old daughter also gave a detailed account of alleged provocation by the family members. Despite this, both the Trial Court and the High Court refused to summon them under Section 319 CrPC.
Court’s Observations
Justice Sanjay Karol, leading the Bench, noted early in the hearing that Section 319 gives courts “not just power but responsibility” to bring in any person who appears prima facie involved in a crime. The Bench remarked, “The law cannot allow real offenders to slip out merely because they were not named in the chargesheet.”
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The judges went through the testimonies of PW-1 (the victim’s brother) and PW-2 (her minor daughter), both of whom described sustained harassment allegedly rooted in the family’s displeasure over repeated female births. PW-2’s testimony, where she narrated that her grandmother, uncle, and aunt's husband allegedly encouraged Rahul to shoot, prompted notable concern from the Bench.
The High Court had earlier held that the child was not an eyewitness because she said during cross-examination that she heard the gunshots before reaching the room. The Supreme Court disagreed sharply, calling that reasoning a “mini-trial.” The Bench explained, “At the summoning stage, courts do not dissect credibility; they only assess whether evidence indicates involvement.”
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A major turning point in the hearing was the discussion on the victim’s own two statements recorded under Section 161 CrPC-one naming only her husband, and a later one adding the three relatives. The respondents’ counsel argued these could not be treated as dying declarations because the woman died nearly two months later.
The Bench was unpersuaded. Justice Karol clarified, “The law does not require that a declarant must be under the immediate expectation of death. If the statement relates to the cause of death, it is relevant.”
The court further observed that inconsistencies or lack of medical certification go to weight, not admissibility, and should be examined only during trial-not at the summoning stage.
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Decision
Finding “strong and cogent” material against the three relatives, the Supreme Court set aside the High Court order and directed the Trial Court to summon them as additional accused in Sessions Trial No. 1151 of 2021. The Bench fixed 8 January 2026 for their appearance and cautioned all sides against seeking unnecessary adjournments, stressing that the trial must now proceed swiftly.
With that, the appeal was allowed, and all pending applications were disposed of.
Case Title: Neeraj Kumar @ Neeraj Yadav vs. State of U.P. & Others
Case No.: Criminal Appeal (Arising out of SLP (Crl.) No. 7518 of 2025)
Case Type: Criminal Appeal – Summoning of Additional Accused under Section 319 CrPC
Decision Date: 04 December 2025