Case Note & Summary
The case involved an appeal concerning the interpretation of Section 319 of the Code of Criminal Procedure, 1973, specifically whether a person summoned under this section could be tried after the trial against another accused had concluded. The petitioner, Shashikant Singh, had initially filed a case for murder against several individuals, including the respondent. After the investigation, a charge-sheet was filed against one accused, Chandra Shekhar Singh, while the investigation against the respondent was pending. The Sessions Court issued an order to summon the respondent to be tried together with Chandra Shekhar Singh. However, after the trial against Chandra Shekhar Singh concluded with a conviction, the High Court quashed the summoning order, stating that Section 319 was only applicable when a trial was pending. The Supreme Court analyzed the provisions of Section 319 and concluded that the order to summon the respondent was valid and could not be rendered ineffective by the conclusion of the trial against Chandra Shekhar Singh. The court emphasized that the proceedings against the newly summoned person must commence afresh, including the re-examination of witnesses. The court found that the High Court erred in its judgment and remanded the case for fresh consideration of other contentions raised by the respondent. The Supreme Court directed the High Court to expedite the decision within three months.
Headnote
A) Criminal Procedure - Summoning of Accused - Applicability of Section 319 after Trial Conclusion - Code of Criminal Procedure, 1973, Section 319 - The court determined that a person summoned under Section 319 could still be tried even after the trial against another accused had concluded, emphasizing the mandatory nature of a de novo trial for the newly added accused. Held that the earlier order for summoning remained effective despite the conclusion of the trial against the original accused (Paras 1-4).
Issue of Consideration
Whether a person summoned under Section 319 of the Code of Criminal Procedure can be tried after the conclusion of the trial against another accused.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and remanded the case for fresh consideration of other contentions raised by the respondent, directing the High Court to expedite the decision within three months.
Law Points
- Interpretation of Section 319
- Code of Criminal Procedure
- 1973
- De novo trial
- Jurisdiction of Sessions Court
- Fresh examination of witnesses
