SEWA DEVI Vs. ROHTASH

JUDGEMENT

(1.) KAILASH Chand deceased had made a statement before the police, which was treated as dying declaration, to the effect that Rohtash son of Rajbir, Raghbir, Rambir and Kaptan threw acid on him. On this statement the investigation was conducted, but instead of challaning any of the said four persons, the investigating agency challaned Rohtash son of Ranjit Singh and Rajbir Singh. During trial, Sewa Devi, widow of the deceased, appeared as PW- 1. She again named the said four persons as having sprinkled acid on the said witness, her husband Kailash Chand and her son Rakesh. In view of this statement, an application under Section 319 of the Code of Criminal Procedure (for short, the Code) was filed for summoning of the four accused, who were originally named. The said application has been dismissed on the ground that since four persons sought to be summoned were not arraigned as accused, they could not be summoned as additional accused. Reference was made to the judgment of this Court in Amar Singh v. The State, AIR 1954 Punjab 106 and a judgment of the Rangoon High Court in Nga Sar Kee v. The King, AIR 1939 Rangoon 390. Hence this petition.

(2.) COUNSEL for the petitioner submits that the view taken by the learned trial Court is based on incorrect appreciation of provisions of Section 319 of the Code, which permit summoning of a person, who may not be an accused for trial, along with the accused, if it appears to the Court that such a person had also committed the offence.

(3.) I have heard counsel for the parties.