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B. R. GAVAI, K. V. VISWANATHAN
Devendra Kumar Pal – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
B.R. Gavai, J.
1. Leave granted
2. The present appeal challenges the judgment and order dated 25th August 2021 passed by the learned Single Judge of the High Court of Judicature at Allahabad, vide which the petition filed by the present appellant challenging the order passed by the learned Additional Sessions Judge (hereinafter referred to as “learned Trial Judge”) dated 21st March 2012 was dismissed.
3. The facts of the present case are not disputed.
4. The trial court proceeded with the trial in connection with the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short “IPC”).
5. After the conclusion of the trial, the learned Trial Judge convicted some of the accused and acquitted the others.
6. The learned Trial Judge was also of the opinion that the present appellant was also required to be tried.
7. By an order dated 21st March 2012, the learned Trial Judge in the first half recorded the order of conviction in respect of the accused whom it had found to be guilty and also recorded the order of acquittal for the remaining accused, it found to be not guilty. Post lunch, the learned Trial Judge first recorded the order of sentence insofar as the accused
Summoning of additional accused to face trial – If such a summoning order is passed, either after order of acquittal or imposing of sentence in conviction, same may not be sustainable.
(1) Summoning of additional accused to face trial – Power of court to summon an accused based on evidence as contemplated under Section 319 of Cr.P.C. will have to be invoked and exercised before pro....
The court emphasized that the power under Section 319 CrPC to summon additional accused requires strong evidence and should be exercised judiciously, not casually.
(1) Summoning of additional accused to face trial – Power exercised under Section 190 of Cr.P.C. is quite distinct from power exercised by Trial Court/Sessions Court under Section 319 of Cr.P.C. – Po....
Summoning of additional accused to face trial – Test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an e....
The trial court's power under Section 319 Cr.P.C. must be exercised before the pronouncement of conviction; any post-conviction summoning order is illegal.
The discretionary power under Section 319 Cr.P.C. is to be exercised only when credible material substantiates a prima facie case against additional accused.
The court established that under Section 319 of the Cr.P.C., strong and cogent evidence is necessary to summon an additional accused, and mere witness testimony without corroboration is insufficient.
The court affirmed that the power under Section 319 Cr.P.C. must be exercised before the conclusion of trial and sentencing, allowing for the summoning of additional accused based on evidence.
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