JUDGMENT

AHMADI, J.—Special leave granted.

2. Whether a Court of Session to which a case is committed for trial by a Magistrate can, without itself recording evidence, summon a person not named in the police report presented under Section 173 of the Code of Criminal Procedure, 1973 (the Code for short) to stand trial along with those already named therein, in exercise of power conferred by Section 319 of the Code? This neat question of law arises in the backdrop of the following allegations.

3. On the evening of February 27, 1990 Umakant Thakur, younger brother of the informant, was attacked by twenty persons including the present two appellants with sticks, etc. A First Information Report was lodged at about 9.30 p.m. on the same day in which all the twenty persons were named as the assailants. The injured Umakant Thakur died in the Patna Hospital on the next day. In the course of investigation statements of the informant as well as others came to be recorded and a charge-sheet dated June 10, 1990 was forwarded to the Court of the learned Magistrate on June 17, 1990 wherein eighteen persons other than the two appellants were shown as the offenders. The names of the present two appel