JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is preferred against the order of learned Sessions Judge, Ferozepur, who on the application of the prosecution, during the trial of a Sessions case found that there was sufficient evidence recorded during the investigation against the petitioners Joginder Singh and Gurdial Singh that prima facie they had committed an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and thus be summoned them by non-bailable warrants for 15.1.1996 for standing their trial vide order dated 15.12.1995.

(2.) AGGRIEVED of the said order it is contended in the revision petition that on investigation by the police the petitioners Joginder Singh and Gurdial Singh were found innocent and were put in column No. II of the report filed under Section 173 of the Code of Criminal Procedure and the Sessions Judge could not call them as accused for trial of the case unless some evidence was recorded by him within the ambit of Section 319 of the Code of Criminal Procedure.

(3.) ADMITTEDLY no evidence of any witness was recorded by the learned Sessions Judge before summoning the present petitioners. So in the circumstances it is to be seen as to whether the order could be sustained without the Sessions Judge having taken aid of Section 319 of the Code of Criminal Procedure for passing the said order.