JOGINDER SINGH & ANR. versus STATE OF PUNJAB & ANR.

JOGINDER SINGH & ANR. versus STATE OF PUNJAB & ANR.

A Sessions Court, once validly seized of a case by proper committal of the offence (not necessarily all accused), has power under Section 319(1) CrPC to add as accused any person not already an accused but against whom evidence arises during trial, and Section 319 is not subordinate to Section 193 or 209. The phrase...

Source-derived case information.

Parties
Appellant: Joginder Singh; Appellant: A. Ram Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
16 November 1978
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave From High Court Order Confirming Sessions Judge's Order
Outcome
Appeal dismissed
Legal Topics
Addition of Accused by Sessions Court, Committal Procedure, Cognizance of Offences, Scope of Section 319 Cr PC, Interpretation of Procedural Law
Criminal Law Addition of Accused by Sessions Court Committal Procedure Cognizance of Offences Scope of Section 319 Cr PC Interpretation of Procedural Law

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Parties

Joginder Singh

Appellant

A. Ram Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave From High Court Order Confirming Sessions Judge's Order

Legal Issues

  1. 1 Whether a Sessions Court has power to add a person as accused under Section 319 CrPC in the absence of committal order against that person
  2. 2 Whether Sections 193 and 209 CrPC bar the Sessions Court from taking cognizance of offence as a court of original jurisdiction regarding persons not committed
  3. 3 Whether the expression 'any person not being the accused' in Section 319 includes those who had been released by police but against whom evidence emerges during trial

Ratio Decidendi

A Sessions Court, once validly seized of a case by proper committal of the offence (not necessarily all accused), has power under Section 319(1) CrPC to add as accused any person not already an accused but against whom evidence arises during trial, and Section 319 is not subordinate to Section 193 or 209. The phrase 'any person not being the accused' covers those dropped by police but implicated at trial. No formal committal of such added persons is required due to the deeming provision of Section 319(4)(b).

Court Disposition

Appeal dismissed

Orders

  • High Court order confirming addition of appellants as accused by Sessions Judge is upheld