HARJINDER SINGH versus THE STATE OF PUNJAB & ANR.

HARJINDER SINGH versus THE STATE OF PUNJAB & ANR.

Where live evidence adduced during trial discloses a prima-facie case of involvement by a person not originally arrayed as accused, the Trial Court may summon that person under Section 319 CrPC; an investigation-stage conclusion accepting an alibi does not bind the Court at the trial stage and the burden of proving an alibi rests on the accused.

Parties
Appellant: Harjinder Singh; Respondent: The State of Punjab; Respondent: Varinder Singh
Jurisdiction
India
Judgment Date
05 May 2025
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Against High Court Order Under Section 482 Cr PC Setting Aside Trial Court's Section 319 Cr PC Summoning Order
Outcome
Appeal allowed; High Court judgment set aside and Trial Court summoning order revived.
Legal Topics
Section 319 Cr PC, Section 306 IPC (abetment to Suicide), Alibi Defence, Summoning Additional Accused
Criminal Procedure Criminal Law Section 319 Cr PC Section 306 IPC (abetment to Suicide) Alibi Defence Summoning Additional Accused

Case Brief

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Parties

Harjinder Singh

Appellant

The State of Punjab

Respondent

Varinder Singh

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Against High Court Order Under Section 482 Cr PC Setting Aside Trial Court's Section 319 Cr PC Summoning Order

Legal Issues

  1. 1 scope of Section 319 CrPC regarding summoning additional accused during trial
  2. 2 role and treatment of an alibi plea at the summoning stage
  3. 3 court's power to act despite investigative conclusions

Ratio Decidendi

Where live evidence adduced during trial discloses a prima-facie case of involvement by a person not originally arrayed as accused, the Trial Court may summon that person under Section 319 CrPC; an investigation-stage conclusion accepting an alibi does not bind the Court at the trial stage and the burden of proving an alibi rests on the accused.

Court Disposition

Appeal allowed; High Court judgment set aside and Trial Court summoning order revived.

Orders

  • High Court judgment dated 21 November 2023 in CRM-M No. 31120 of 2022 set aside.
  • Order of the Trial Court dated 04 July 2022 summoning respondent no. 2 under Section 306 IPC revived.