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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Rimpy Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. property dispute leads to fatal group assault. (Para 1 , 2 , 3 , 4) |
| 2. investigation yields charges under ipc 304/323/34. (Para 5 , 6 , 7 , 8) |
| 3. pw2 testimony prompts section 319 summoning. (Para 9 , 10 , 11) |
| 4. petitioners contest summoning on weak evidence. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. section 319 power uses trial evidence sans cross-exam. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. pw2 oath statement justifies additional accused summons. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
JUDGMENT :
Virender Singh, J.
Petitioners, have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), for quashing of order dated 11.09.2024, passed in Cr.MA No.174 of 2024, titled as State of H.P. versus Rikhi Ram, passed by the Court of learned Additional Sessions Judge, Hamirpur, District Hamirpur (hereinafter referred to as the ‘trial Court’).
2. Vide order dated 11.09.2024, the learned trial Court has summoned the petitioners for the commission of offences punishable under Sections 304 and 323 read with Section 34 of the IPC.
3. For the sake of convenience, the pet
Section 319 CrPC empowers summoning additional accused on examination-in-chief alone if it prima facie shows complicity beyond mere possibility, without needing cross-examination or Section 161 corro....
For invoking power under Section 319 Cr.P.C. inter alia includes the principle that only when strong and cogent evidence occurs against a person from the evidence the power under Section 319 Cr.P.C. ....
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....
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....
Court under revisional jurisdiction cannot substitute its own views particularly when there was ample evidence available on record before the court below in exercising the jurisdiction as conferred u....
(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....
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