DIDAR SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners stand summoned as additional accused by the Additional Ses Judge, Rupnagar, under Section 319 Cr.P.C. Ajit Singh and Ors. are being prosecuted for offences under Sections 307, 341, 325, 323, 148 read with Section 149 IPC. This case was registered on the statement of Roshan Ali. On 15.7.2005. After investigation, petitioners, Didar Singh, Dhir Singh @ Randhir Singh and Chhotu @ Rajinder Singh were found innocent and placed in columnNo. 2. Complainant Roshan Ali appeared as PW3 and made statement before the Court. Thereafter, the prosecution had filed this application under Section 319 Cr.P.C. to summon the petitioners.

(2.) WHILE , impugning the said order, learned Counsel has mainly contended that Roshan Ali, complainant, was yet to be cross - examined when this application was moved, leading to summoning of the petitioners. As per the counsel, the petitioners could have been summoned only after the conclusion of cross -examination and not before that. In this regard, he has referred to the case of Mohd. Shafi v. Mohd. Rafiq and Anr., 2007 (2) RCR762. This is a case where the application was moved before the trial Court for summoning an additional accused. The trial Court noticed that till then a witness had only been examined in -chief and declined to accept the application at that stage. This order was impugned before the High Court, which allowed the petition and set -aside the order passed by the trial Court. The same was impugned before the Hon'ble Supreme Court and in this background, it is held:

(3.) HAVING so observed, the Hon'ble Supreme Court held that it is difficult to accept the contention that evidence as used in Section 319 Cr.P.C. would mean evidence, which is tested by cross -examination.