Back
ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Hetram @ Babli – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
ABHAY S.OKA, J.
Leave granted.
2. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent-State.
3. By the order dated 6th February, 2015, the learned Sessions Judge rejected the application made under Section 319 of the Code of Criminal Procedure, 1973 (for short, "the CRPC") for issuing summons against the present appellant. The application under Section 319 of the CRPC was made by the second respondent. The Trial Court rejected the application. The High Court has interfered by the impugned judgment in a Revision Petition filed by the second respondent.
4. With the assistance of the learned counsel appearing for the appellant and the learned counsel appearing for the respondent-State, we have perused the material on record. The application under Section 319 of the CRPC was based on the depositions of two alleged eye witnesses PW-2 Sona and PW-4 Seema. Both of them, in the examination-in-chief, deposed that they had seen the present appellant hitting on the left side of the head of the deceased by a spade.
5. The learned counsel appearing for the appellant submitted that there was no prima facie material against the appellant.
Summoning of additional accused to face trial – Test to be applied for dealing with application under Section 319 of Cr.P.C. is of more than a prima facie which is required to be considered at the ti....
Summoning of additional accused to face trial – Under Section 319 of Cr.P.C. though test of prima facie case is the same, degree of satisfaction that is required is much stricter.
(1) Complicity of any person sought to be arrayed as accused can be decided with or without conducting cross-examination of complainant and other prosecution witnesses.(2) Role of complainant in a tr....
Court can exercise power under Section 319 Cr.P.C. even on the basis of statement made in examination-in-chief of witness concerned and Court need not wait till cross-examination of such a witness an....
The court upheld the trial court's decision to summon additional accused under Section 319 CrPC based on sufficient evidence from the informant, emphasizing the standard of proof required for such su....
(1) Powers under Section 319 Cr.P.C. can be exercised at any stage before final conclusion of trial.(2) On the basis of examination-in-chief of a witness if a case is made out, a person can be summon....
The discretionary and extraordinary nature of the power under Section 319 Cr.P.C., requiring strong and cogent evidence to summon accused persons not named in the charge-sheet.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
