JUDGMENT

Y.K. Sabharwal, J.-Leave granted.

2. Can a person summoned pursuant to an order passed by a court in exercise of power conferred by Section 319 of the Code of Criminal Precedure, 1973 (the Code) be tried for the offence for which he is summoned after the conclusion of the trial wherein such an order of summoning was passed, is the question that falls for determination in this appeal. Such a question regarding the interpretation of Section 319 of the Code has arisen for the first time. The answer would depend upon the interpretation of the words could be tried together with the accused in Section 319 of the Code. The question has come up for consideration under the following circumstances.

3. On the statement of Shashikant Singh, a case under Section 302/34 IPC and under Section 27 of the Arms Act for murder of his brother Shivakant Singh was registered against five persons including respondent No. 1 and also one Chandra Shekhar Singh. On completion of investigation, police submitted charge-sheet against Chandra Shekhar Singh showing the other accused as absconders and as far as respondent No.1 is concerned investigation was shown to be pending. Against Chandra Shekhar Sing