Code of Criminal Procedure, 1973–Sec. 319–Penal Code, 1860–Sec. 302–Application u/s. 319–Allowed–Propriety–Deceased mentioned the name of only accused A in dying declaration–No other name was mentioned by her–PW 1 also did not name the appellants nor attributed any overt act–
Prosecution has not shown any prima facie material for summoning the appellants for the offence punishable u/s. 302–Further, the allegations as regard to demand of dowry are very general–Specific nature of demand and time of demand was not disclosed–Impugned order deserves to be set aside.
