KANTA BHATNAGAR, J.—The petitioners, who have been charge-sheeted for the offences under sections 447,364,302, and read with 34 IPC by the Sessions Judge, Sri Ganganagar, in an application under section 319 of the Code of Criminal Procedure (here in after to be referred as "the Code") in that Court prayed for taking cognizance against six other persons alleged to have been named in the dying declaration of Kalwant Singh. The learned Sessions Judge following the principle enunciated in the Division Bench decisions of the court in the case of Sheo Ram Singh vs. State of Rajasthan (1) rejected the prayer on the ground that the word evidence occurring in section 319 of the Code means the evidence recorded by the court during the course of inquiry into or trial of the case and not the statements recorded by the police or the documents filed along with the charge-sheet. The petitioners feeling aggrieved by the aforesaid order of the learned Sessions Judge filed petition under section 482 of the Code with the prayer that the impugned order be set aside and proceedings and charge-sheet against the petitioner be quashed. The correctness of the view taken in Sheo Ram Singhs case (supra) had

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