RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) The issue raised in the present appeal is this:Whether Sessions Court can add a new person to the array of accused in a case pending before it at a stage prior to collecting any evidence The Sessions Judge before whom the said issue was first raised in this case held that he could do so on the strength of the decision of a two-Judge Bench of this Court in Kishun Singh v. State of Bihar (1993) 2 SCC 16 . Appellant, who was the accused so added challenged the order in revision before the High Court of Punjab and Haryana and a learned single Judge who heard it, dismissed the revision following the ratio in Kishun Singh (supra) which was re-affirmed by this Court in Nissar v. State of U. P., (1995) 2 SCC 23 . While considering the question whether a committing magistrate can exercise power under Section 319 of the Code of Criminal Procedure (for short "the Code"), a two-Judge Bench of this Court has, in Raj Kishore Prasad v. State of Bihar, (1996) 4 SCC 495 expressed reservation about the legal position propounded in Kishun Singh's case. Now the question is directed to be considered by a larger Bench in the light of the reservation expressed in Raj Kishore's case. Hence this appeal came to be listed before a three-Judge Bench.

(3.) Facts, barely necessary for disposal of this appeal, are following:On 24-12-1996, an FIR was lodged at Rajkot Police Station (Punjab) alleging that eight persons (including the present appellant) formed themselves into an unlawful assembly at about 8 P.M. and on the exhortation of the appellant one of the members of the unlawful assembly snatched away the rifle of a gunman and fired at Chamkaur Singh who succumbed to the gunshot injuries later. In the rioting some other persons also sustained injuries.