Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s.319 – The appellant-informant (PW-9) moved an application u/s. 319 before the Trial Court to summon three additional accused persons, R, K and P, who were named in FIR but not in the charge-sheet and they were identified by the appellant as assailants in his examination-in-chief during trial – The trial Court allowed the application and summoned the three accused persons – However, the High Court set aside the said order in revision – The revision was allowed for the reasons that R was found innocent during investigation and that he never used the weapon and had actually fled from the spot – On appeal, held: Observations of the High Court were factually incorrect as can be seen from the examination-inchief of PW-9 that the revisionist had fled the scene only after the commission of the crime by an “unlawful assembly” – For attracting the offence u/s. 149 IPC, one simply has to be a part of an unlawful assembly, any specific individual role or act is not material – High Court committed grave error – The reasoning given by the High Court, cannot be accepted at the stage of consideration of application u/s 319 Cr.PC – The merits of the evidence has to be appreciated only during the trial and not at the stage of s. 319 – Order of High Court set aside – Appeal allowed – Penal Code,1860 – ss. 458, 460, 323, 302, 148, 149 and 285 – Arms Act, 1959 – s. 25. Code of Criminal Procedure, 1973 – s.319 – At the stage of summoning an accused, there has to be a prima facie satisfaction of the Court – In the instant case, the evidence which was there before the Court was of an eye witness who has clearly stated before the Court that a crime has been committed, inter alia, by the revisionist – The Court need not cross-examine this witness – It can stop the trial at that stage itself if such application had been moved u/s. 319. |
Judge | Hon'ble Mr. Justice Sudhanshu Dhulia |
Neutral Citation | 2023 INSC 654 |
Petitioner | Sandeep Kumar |
Respondent | The State Of Haryana & Anr. |
SCR | [2023] 9 S.C.R. 1210 |
Judgement Date | 2023-07-28 |
Case Number | 2195 |
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