Case Note & Summary
The petitioner, Rajesh @ Raja Nana Patil, was an accused in Sessions Case No.241 of 2005 pending before the IIIrd Adhoc Additional Sessions Judge, Thane, charged under Section 302 read with Section 34 IPC for murder. During the trial, while PW 2 Tarashankar Mishra, an eye-witness, was being cross-examined, the petitioner filed an application at Exhibit-15 under Section 319 of the Criminal Procedure Code, 1973 (CrPC) seeking to arraign PW 2 as an additional accused. The petitioner contended that the evidence of PW 1 (complainant) and PW 2 himself prima facie showed that PW 2 had participated in the commission of the offence and therefore ought to be tried together with the petitioner. The trial court rejected the application on 19th June 2006, leading the petitioner to file the present criminal writ petition before the Bombay High Court. The petitioner argued, through senior counsel Mr. S.R. Chitnis, that the trial court had erred in not exercising its power under Section 319 CrPC, relying on the Supreme Court judgments in Girish Yadav v. State of MP (1996 SCC (Cri) 552) and Rakesh v. State of Haryana (2001 SCC (Cri) 1090). The State, represented by APP Mrs. M.H. Mhatre, opposed the petition, submitting that the evidence did not make out a prima facie case against PW 2. The High Court, after hearing both sides, held that the trial court had correctly applied the law. The power under Section 319 CrPC is to be exercised only when a stronger case than a prima facie case is made out against the person sought to be added. The evidence on record did not indicate that PW 2 had committed any offence for which he could be tried together with the petitioner. The court found no merit in the petition and dismissed it, upholding the trial court's order.
Headnote
A) Criminal Procedure Code - Section 319 - Arraignment of Additional Accused - Prima Facie Case - The petitioner-accused sought to arraign an eye-witness as an accused under Section 319 CrPC, claiming his evidence showed involvement in the offence. The court held that the power under Section 319 CrPC can be exercised only if a stronger case than a prima facie case is made out against the person sought to be added as an accused. The evidence must indicate that the person has committed an offence for which he could be tried together with the existing accused. (Paras 1-3) B) Criminal Procedure Code - Section 319 - Standard of Proof - The court observed that the trial court had correctly applied the law by finding that the evidence of PW 2 did not prima facie show his involvement in the murder. The mere fact that PW 2 was present at the scene or had some interaction with the deceased does not suffice to arraign him as an accused. The petition was dismissed as lacking merit. (Paras 2-3)
Issue of Consideration
Whether the trial court erred in rejecting the application under Section 319 CrPC to arraign PW 2 as an accused based on his deposition during trial.
Final Decision
The High Court dismissed the criminal writ petition, upholding the trial court's order rejecting the application under Section 319 CrPC.
Law Points
- Section 319 CrPC
- power to arraign additional accused
- prima facie case
- evidence during trial
- cross-examination
