HARBHAJAN SINGH AND ANR. versus STATE OF PUNJAB AND ANR.

HARBHAJAN SINGH AND ANR. versus STATE OF PUNJAB AND ANR.

On the facts and materials, including the dying declaration and witness statements, the evidence disclosed commission of an offence and justified exercising power under s.319 CrPC to summon appellants as additional accused for trial under s.306 IPC, even though they were not charge-sheeted; correctness of the dying declaration cannot be questioned at this stage.

Parties
Appellant: Harbhajan Singh; Appellant: Ranjit Kaur; Respondent: State of Punjab; Respondent: Subhash Chander
Jurisdiction
India
Judgment Date
29 July 2009
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal Against High Court Order Dismissing Revision Regarding Summoning as Additional Accused Under S.319 Cr PC
Outcome
appeal dismissed
Legal Topics
Exercise of Power Under S.319 Cr PC, Suicide, Dying Declaration, Abetment of Suicide, Summoning Additional Accused, Requirements Under S.306 IPC
Criminal Law Exercise of Power Under S.319 Cr PC Suicide Dying Declaration Abetment of Suicide Summoning Additional Accused Requirements Under S.306 IPC

Case Brief

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Parties

Harbhajan Singh

Appellant

Ranjit Kaur

Appellant

State of Punjab

Respondent

Subhash Chander

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal Against High Court Order Dismissing Revision Regarding Summoning as Additional Accused Under S.319 Cr PC

Legal Issues

  1. 1 Whether appellants could be summoned as additional accused under s.319 CrPC on basis of dying declaration and evidence despite not being charge-sheeted
  2. 2 Whether the evidence and dying declaration disclose commission of offence under s.306 IPC
  3. 3 Whether courts must wait for cross-examination before exercising power under s.319 CrPC

Ratio Decidendi

On the facts and materials, including the dying declaration and witness statements, the evidence disclosed commission of an offence and justified exercising power under s.319 CrPC to summon appellants as additional accused for trial under s.306 IPC, even though they were not charge-sheeted; correctness of the dying declaration cannot be questioned at this stage.

Court Disposition

appeal dismissed

Orders

  • No interference with the impugned High Court judgment; appellants to face trial as additional accused along with Sarabjit Singh.