(1.) CRM-14689-2015
(2.) State counsel has contended that on the basis of the evidence which has been produced on the record, the complicity of respondent Nos.5 and 6, Rajpal Singh and Sham Sunder, stands established, warranting their trial along with the main accused. I have heard the State counsel as well as the counsel for the respondents. It is pertinent to observe here that Sham Sunder respondent No.5 has appeared as a prosecution witness (PW.6) and Rajpal Singh, respondent No.6, has appeared as a prosecution witness (PW35).
(3.) Application under Section 319 Cr.P.C. was moved at a belated stage after examination of 40 prosecution witnesses. The trial Court while considering the application for summoning additional accused, in paras 12, 13 and 14, has observed as follows: -