VIKRAM NATH, K . V. VISWANATHAN
Harjinder Singh – Appellant
Versus
State Of Punjab – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The power under Section 319 of the Criminal Procedure Code (Cr.P.C.) is intended to prevent the real perpetrators of a crime from escaping trial. This power is triggered not by conjecture but by evidence that surfaces during the court proceedings (!) .
The exercise of power under Section 319 Cr.P.C. requires that the evidence presented be stronger than mere suspicion and must establish a prima-facie case of involvement. The evidence must be of such quality that it indicates a participant shares criminal liability, and the court is obliged to act once such evidence is available (!) .
An alibi is a defense plea, and the burden to establish it lies solely on the accused. The documents relied upon to support the alibi are untested until formally proved in court, and their face value alone does not outweigh the evidence implicating the accused (!) (!) .
The court's assessment of evidence, including eyewitness testimony and documentary proof, is crucial. Evidence such as eyewitness statements that directly connect the accused to the offense can justify summoning additional accused persons under Section 319 Cr.P.C. (!) (!) .
The investigation's conclusions, including the acceptance of an alibi, do not bind the court once the trial is underway. The court's independent assessment of evidence during trial takes precedence, and new evidence implicating an accused can lead to their summoning, regardless of prior investigation findings (!) .
The law recognizes that certain offenses, like abetment to suicide, may involve a gradual build-up of psychological pressure rather than a single act, and law punishes such build-up wherever and whenever it occurs (!) .
The intervention of higher courts under Section 482 Cr.P.C. to quash an order summoning an accused must be cautious. Such intervention should not amount to a pre-trial acquittal based on untested or unproved defense evidence, especially when the evidence on record supports the summoning (!) (!) .
The purpose of Section 319 Cr.P.C. is to ensure that all participants sharing criminal liability are brought before the court to achieve a just and complete trial. The power should be exercised constructively and purposively, ensuring that true offenders are not overlooked due to procedural gaps (!) (!) .
The court emphasizes that the threshold for summoning under Section 319 is not proof beyond reasonable doubt but the appearance of involvement based on evidence presented during the proceeding. This involves a careful and independent evaluation of all relevant evidence (!) (!) .
The court cautions against conflating different incidents or investigation records to prematurely dismiss an accused’s involvement, particularly when direct eyewitness testimony and other substantive evidence are available that support their participation in the alleged offense (!) (!) .
The court underscores that the final judgment on the guilt or innocence of an accused, and the sufficiency of evidence, is a matter for the trial court, which will evaluate all evidence in due course. The role of higher courts is to ensure procedural correctness in the exercise of powers like that under Section 319 Cr.P.C. (!) .
In summary, the document highlights the importance of a careful, evidence-based approach in exercising the powers under Section 319 Cr.P.C., emphasizing that such powers are to be used constructively to uncover the true perpetrators, and not prematurely or based solely on untested or unproved defense evidence.
JUDGMENT :
VIKRAM NATH, J.
1. Leave granted.
2. The present appeal, preferred by the complainant-father (“the appellant”) of the deceased Dharminder Singh, assails the judgment dated 21 November 2023 of the High Court of Punjab and Haryana at Chandigarh (“the High Court”) allowing Criminal Miscellaneous Petition No. 31120 of 2022 under Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”). By the impugned judgment the High Court set aside an order dated 04 July 2022 passed by the Additional Sessions Judge, Sangrur (“the Trial Court”) summoning Varinder Singh (hereinafter “respondent no. 2”) to face trial under Section 306 read with Section 34 of the Indian Penal Code, 1860 (“IPC”) in First Information Report No. 51 of 2016 registered at Police Station Amargarh, District Sangrur, Punjab.
3. The facts giving rise to the present appeal are as follows:
3.1 On 13 March 2016 an acid attack was allegedly committed upon Dharminder Singh by ten persons. That occurrence was recorded as FIR No. 30 of 2016 under Sections 323, 324, 341, 506, 148, 149 and 326-A IPC; respondent no.2 was not named therein.
3.2 On 10 May 2016 at around 8.30 am in the morning, Dharminder Singh and his paternal uncl
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