The Sessions Court does not have the power to add a person as an accused other than those shown in the case committed, even though there appears to be some evidence against such a person, under section 319 Cr. P. C.

K. JAYACHANDRA REDDY, J.

( 1 ) 1. The point that falls for consideration in this revision case is whether the Sessions Court can have power under section 319 Cr. P. C. of 1973 to add any person as an accused to be tried along with the accused committed by the magistrate.

( 2 ) THE facts that have given rise to this question may briefly be stated. The inspector of Police, Nandigama, filed a charge sheet in the Court of the Judicial first Class Magistrate, Nandigama under sections 147, 323, 324 and 302 read with section 149 I. P. C. against 14 accused persons and the same was taken on file as P. R. C. No. 4 of 1975 and was committed to the Court of Session, krishna under Section 209 (a) Cr. P. C. on 24-6-1975. The same was numbered as sessions Case No. 29 of 1975. Thereafter the petitioner complainant filed criminal Misc. Petition No. 1115 of 1975 on 7-8-1975 to include the 2nd respondent as an accused on the ground that there wa sufficient evidence and material against the said person who dealt the fatal blow on the deceased, the complainant s younger brother. The learned Sessions Judge, after hearing the additional Public Prosecutor, passed an order on 16-8-1975 adding the 2nd respondent as 15th accused, holding that there was sufficient evidence and material against him. In pursuance of the warrant issued, the 2nd respondent was brought before the learned Additional sessions Judge and on his behalf Criminal M. P. No. 1304 of 1975 was filed on 17-8-1975 for discharging him on the ground that the Sessions Court has no jurisdiction directly to take cognizance against the 2nd respondent and add him as one of the acused, who was neither charge-sheeted nor committed. A counter to that petition was filed contending that the 2nd respondent cannot be discharged under section 227 Cr. P. C. as there is sufficient evidence against him. The learned Additional Sessions Judges held that there is sufficient evidence and he cannot be discharged under sec. 227 cr. P. C. He however held that the Sessions Court cannot directly take cognizance of an offence against the 2nd respondent and add him as an accused when he has not been committed by the magistrate and his name has not been shown in the charge sheet by the prosecution. The learned Additional session Judge also held that in exercising the inherent power the name of the 2nd respondent can be deleted and accordingly deleted the name of the 2nd respondent from the array of the accused and released him. The present revision is directed against the said order by the complainant, the brother of the deceased.

( 3 ) SRI D, Siva Rama Krishna, the learned counsel for the petitioner contended that section 319 (1) Cr. P. C. of 1973 occurs in the general provisions governing enquiries and trials that it applies to all the Courts including the Sessions court and as such the Sessions Court has power to add any accused against whom there appears to be sufficient evidence. Section 319 (1) Cr. P. C. reads thus :- 319. Power to proceed against other persons appearing to be guilty of offence:- (1) Where in the course of any inquiry into, or trial of an offence it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the court may proceed against such person for the offence which he appears to have committed. "

( 4 ) THIS is a new provision which was not there in the old Code. A plain reading no doubt may show that the sessions Court also can add a person as an accused against whom there is evidence directly, during the trial. But so far as taking cognizance of the case is concerned section 193 has to the looked into, which reads thus:-"193. Cognizance of offences by courts of Session:__ except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed

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