Criminal Procedure Code, 1973, Section 226, 319 -- Witness supporting prosecution case - Additional accused summoned - Charge reframed - Same witness, when examined after reframing of charge, resiled from his earlier statement - Accused cannot be convicted on the basis of statement of witness recorded before reframing of charge - As the main witnesses of prosecution..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - In the dying declaration appellants named as the person responsible for death - Correctness of the dying declaration at this stage cannot be questioned - Merely because charge sheet is not filed against certain persons, the same by itself, is not sufficient ground to decline to exercise its..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - For impleading as accused u/s 319 Cr.P.C. it must appear from the evidence on record that person sought to be prosecuted against has committed an offence - The degree of evidence required u/s 319 Cr.P.C. is such that in every possibility there is the chance of the person sought to be impleaded being..........
Circumstantial evidence -- In a case resting on circumstantial evidence if accused fails to offer a reasonable explanation in discharge of the burden placed on him, that itself provides an additional link in the chain of circumstances proved against him...........
Criminal Procedure Code, 1973, Section 319 -- Summoning a person as additional accused - A person named as accused in murder case by informer - Police did not submit charge sheet against that person - Complainant repeated the name of that person in evidence before Court - A person should be summoned only when court finds that evidence on record is such which would..........
Criminal Procedure Code, 1973, Section 319 -- Summoning a person as additional accused - Power to be exercised by the Court on the basis of fresh evidence brought before it - Evidence already collected during investigation cannot be formed basis for summoning a person as accused - Word `Evidence' in S.319 of the Code contemplates evidence of a witness in a court...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - For exercise of power u/s 319 Cr.P.C. Court should be satisfied from the evidence adduced before it that a person against whom no charge had been framed, but whose complicity appears to be clear, should be tried together with the accused...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Appellants named in FIR but not named as accused in the charge-sheet - PW1 in his evidence, named the appellants as persons who were involved in the incident causing death and injuries to another - Order of High Court summoning appellants as additional accused, upheld...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Only a statement in FIR that complainant strongly believes that murder of her father was preplanned and there were many conspirators involved, there is no direct evidence of complicity of appellant in the incident - Held, that evidence which seeks to connect the appellants with the commission of offence is..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - On the basis of evidence led additional accused summoned by holding that a strong suspicion can be a ground to proceed against any person in a criminal case - Strong suspicion is a criterion for framing a charge but not for summoning a person as an additional accused - There was no possibility of recording..........
