Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Interpretation and/ or application of the provisions of Section 319 of the Code of Criminal Procedure, 1973 (for short "the Code") is in question in these appeals. They arise out of a judgment and order dated 12.10.2006 passed by a learned Single Judge of the Punjab and Haryana High Court in Crl. Rev. No. 2073 of 2006 dismissing the revision petition filed by the appellants herein from an order dated 28.09.2006 passed by the Additional Sessions Judge, Gurdaspur whereby application of prosecution under Section 319 of the Code was allowed and the appellants were summoned to face trial for offences under Section 148/302 read with Section 149 of the Indian Penal Code.

3. A First Information Report was lodged by Balwant Singh (PW-1) alleging that while working on the fields at about 11.30 a.m. on 02.05.2005, he found Rajwinder Singh alias Raju being surrounded by the accused. He was attacked by them by their respective weapons in their hands, till they became sure of his death. After the accused left the place of occurrence, PW-1 went near Raju and made him drink water. Sarabjit Singh and Saroop Singh, appellants herein, while standing near the village, shouted that Raju had not died whereupon Gurdip Singh, appellant in Criminal Appeal arising out of SLP (Crl.) No.19 of 2007, Hira Singh and Bhagwant Masih again came near him and caused further physical injuries to him. They thereafter fled away.

4. Contention of the accused, however, in that case is that the deceased Raju was a vagabond having numerous criminal cases registered against him and a large number of proceedings were initiated. He was catched by a mob of villagers being fed up with his activities. Allegations against the appellants have been levelled because of political rivalry.

5. The investigating officer upon completion of the investigation filed a chargesheet against ten persons and filed a final report against the appellants herein. The accused persons were standing their trial.

6. Before the learned Sessions Judge, Balwant Singh (PW-1) was examined. He repeated the allegations contained in the First Information Report.

7. Relying only on or on the basis of the said statements made by PW-1, an application for summoning the appellants in terms of Section 319 of the Code was filed.

8. On the basis of the said statements alone, the application filed by the first informant under Section 319 of the Code was allowed, stating:

"7. In view of the specific attribution to Gurdip Singh, Sarabjit Singh and Sarup Singh, it is prima facie established that they were members of an unlawful assembly having the common object to kill Rajwinder Singh and they are liable to face the trial u/s 148, 302 read with Section 149 I.P.C. Hence, accused Gurdip Singh son of Sohan Singh, Sarabjit Singh son of Nazir Singh and Sarup Singh son of Mohan Singh, residents of village Kaile Kalan be summoned through non-bailable warrant, of arrest for 17.10.06 to face trial u/s 148, 302 read with Section 149 I.P.C. alongwith the other accused. Singh accused Gurpreet Singh alias Gopi is already facing the trial, therefore, there is no need to issue process against him. With this, the application u/s 319 Cr. P.C. is disposed of accordingly. Papers be attached with the trial file."

As indicated hereinbefore, appellants revision application thereagainst before the High Court was dismissed.

9. Mr. Jasbir Singh Malik, learned counsel appearing on behalf of the appellants, would contend that the power of a court under Section 319 of the Code being exceptional in nature, the courts below must be held to have committed a manifest error in summoning the appellants for standing trial as additional accused although they were found to be innocent during investigation.

10. Mr. A.K. Mehta, learned counsel appearing on behalf of respondents, on the other hand, supported the impugned judgment.

11. Section 319 of the Code reads as under:

"319. Power to proceed aga