IMPORTANT POINTS
Powers of Court to proceed u/s 319 even against persons not arraigned as accused cannot be disputed. It is discretionary and extraordinary and not to be exercised in a casual or a cavalier manner.
‘Evidence’ u/s 319 CrPC must be understood in a wider sense, both at the stage of trial and even at the stage of inquiry.
When appellants’ plea of alibi has been established after Police investigation, exercise of power by trial court u/s 319 to summon them would not be justified.

JUDGMENT

A.K. SIKRI, J.

The appellants herein, three in number, have been summoned by the Court of Special Judge, SC/ST Act, which is in seisin of the trial in respect of FIR No. 53 of 2000, wherein charges for offences under Sections 147, 148, 149, 323, 448, 302/149 of Indian Penal Code (IPC) as well as under Sections 3 and 3(2)(V) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) have been framed. The appellants were not arraigned as accused in the chargesheet. The charges were framed against those who were accused in the chargesheet and prosecution evidence is being recorded. The appellants are summoned as additional accused persons under Section 319 of Code of Criminal Procedure, 1973 (Cr.P.C.) to face the trial along with other accused persons. The trial court has passed the Order dated 06.10.2015 on an application filed by the complainant Harkesh Meena under Section 319 of Cr.P.C. This order was challenged by the appellants before the High Court. However, the High Court has dismissed the revision petition preferred by the appellants on 11.01.2016.

2) Factual details pertaining to the FIR and registration of case against other persons as well as filing of the application by the complainant under Section 319 of Cr.P.C. and the orders therein are as under:

On the basis of a written complaint, FIR No. 53 of 2000 was registered at 10:30 pm on 29.04.2000 under Sections 147, 148, 149, 323, 448, 302/149 IPC as well as under Sections 3 and 3(2)

(V) of SC/ST Act. In this complaint, the complainant had stated that at about 3:00 pm on 29.04.2000 when he was at his Khejra well, making his cattle drink water, certain persons including appellants who belong to his village came there armed with axe, lathi sabbal (iron rod) and knives in their hands, with intention to kill the complainant. On seeing them, the complainant ran from that place and came to his uncle’s (Nathu) house and cried loudly. His uncle was sleeping in front of the house and Lakhpat was sleeping under Neem tree. As soon as he came into the thatch, Pratap Singh inflicted lathi blow on him from behind which hit on his back. The complainant ran into the house of Bharatlal. Brijendra Singh inflicted sabbal at the head of his uncle Nathu who was sleeping at that time and Pratap hit his uncle with axe above the ear. Thereafter, all these accused persons started inflicting lathi sticks. Lakhpat tried to run in order to rescue himself. These persons gave beating to him as well, with lathi sticks. When the complainant’s elder brother went to rescue them, these accused persons gave lathi sticks blow to him as well. In the meantime, their wives, wives of their sons had also come. Rishi, son of Ramu Brahmin of Talabka and Bhanu, nephew of Jagdish Singh of Jaipur were also along with them. Because of the beating by the accused persons, complainant’s uncle Nathu died on the spot. Thereafter, accused persons fled away. The incident was witnessed by a number of villagers. In the FIR, the appellants were also named as accused persons.

3) FIR was registered and the matter was investigated by the Investigating Officer (IO). During the investigation, the appellants were also interrogated. They had stated that they are residing at Jaipur and at the time of incident, they were in Jaipur. Thus, plea of alibi was taken by these persons. Appellant No.1 and 2 are in police service and at relevant time they were posted at Jaipur. Appellant No.2 Jagdish has lost his leg while on traffic police duty. Appellant No.3 Bhanu is the appellant’s sister’s son and claimed that he was also at Jaipur. The police after investigation and considering the evidence with regard to the alibi of the appellants Brijendra, Jagdish (who lost his leg while discharging traffic police duty) and Bhanu, did not find any sufficient and reliable evidence against the appellants and, therefore, did not file any challan against them and kept the investigation pending under Section