Application under sec. 319 crpc
vinod bansal
(Querist) 11 March 2009
This query is : Resolved
Respected all members
I am representing the complainant in a FIR case,in this case one accused was challaned by the police while another was found innocent,while recording evidence in court after recording the evidence of complainant public Prosecutor filed application us 319 crpc to summoned the another left accused as an accused,before argument on this application first accused who was already facing trial expired now court has dropped the proceedings qua the expired accused & case is fixed for argu on 319 application,plz send me some citations in this regard.It is also pertinent to mention here that in this case there were two eye witnesses out of them one has declared hostile but second complainant is stands & he has deposed strongly against both accused,means there by case is based now only on evidence of solitary statement of complainant.
PALNITKAR V.V.
(Expert) 11 March 2009
What type of citation you want? If public prosecutor is there who is going to argue? Who is going to take objection if the only accused who was facing trial is dead and practically there is no opponent. Whether the court is not willing to add the accused or what?
Kiran Kumar
(Expert) 12 March 2009
S.319 Cr.P.C itself is clear that if from the evidence the trial court finds some other person to be an accused in a case then it can summon that accused also.
pls elaborate what kind of authority u need?
the real legal proposition we are looking 4.
vinod bansal
(Querist) 12 March 2009
I want to summoned another left accused on the basis of solitary statement of complainant.
PALNITKAR V.V.
(Expert) 12 March 2009
There is no law that there should be more than one witness for the use of Sec. 319. One reliable witness is enough to convict the accused if the case does not suffer from any other fatal defects. Hence, evidence of a single witness, in given circumstances, would be enough to summon accused u/s 319.
