Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the stage of deciding an application u/s 319 Cr.P.C., Court is not required to adjudicate upon truthfulness of version, but only to see whether material on record, if unrebutted would justify trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statement made on oath in Court is substantive in character and consistency between FIR and deposition only enhances the credibility of a witness - Therefore, argument that testimony is repetitive or lacks specific attribution is without merit - Application allowed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Complainant who is also an injured eyewitness categorically implicates respondents in the role of restraining deceased while co-accused inflicted fatal blows - This conduct, if ultimately established clearly amounts to active facilitation of offence in question - Reliance placed by Trial Court..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 CrPC is triggered not by conjecture but by "evidence" that surfaces in Court...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 34 -- Summoning of additional accused - Abetment of suicide - Respondent together with others stopped a car, confronted deceased and told deceased that he and his family ought to drown themselves for failing to retaliate - PW-1 further described immediate impact of those words that deceased..........
Criminal Procedure Code, 1973, Section 319 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.358) - Summoning of additional accused - Mere statement of complainant which is not substantiated by any credible material cannot be ground to invoke discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.358) - Summoning of additional accused - Improvements made while deposing before trial Court cannot form the basis for exercising extraordinary power u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.358) - Summoning of additional accused - Major contradiction in the roles of proposed accused as recorded in application/complaint and statement of petitioner/PW1 - These contradictions are creating a doubt for even making a prima facie case in favour of complainant - Application..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the time of finding merit whatsoever in the application u/s 319 Cr.P.C., more than prima facie case is to be established from evidence led before Court which is not necessarily to be tested on the anvil of cross-examination...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C ought not to be invoked in the absence of any credible material...........
