Supreme Court of India
Satbir Singh v. Rajesh Kumar and Others
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What the Court ordered
Conclusions as follows: Questions (i) and (iii) — What is the stage at which power under Section 319 CrPC can be exercised? AND — Whether the word “evidence” used in Section 319(1) CrPC has been used in a comprehensive sense and includes the evidence collected during investigation or the word “evidence” is limited to the evidence recorded during trial? Answer 117.
Judgment, page 7
From the headnote
Issue for Consideration Matter pertains to the correctness of the order passed by the High Court whereby it set aside the order of the trial court summoning respondents as additional accused for facing trial along with the principal accused. Headnotes† Code of Criminal Procedure, 1973 – s.319 – Power to summon additional accused – Altercation between the appellant-serving in Army and the accused, after which accused armed with a knife along with others armed with lathi and danda, came back – Appellant seriously injured after being stabbed by the accused in the waist and chest, while one of
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