K.S.GAREWAL,J - (1.) GURPAL Singh and Nirbhey Singh have filed this petition to challenge the order of the learned Addl. Sessions Judge, Ambala dated November 15, 2000, whereby the petitioners have been summoned to stand trial along with six accused on the basis of an application under Section 319, Cr.P.C. moved by the Public Prosecutor, which was allowed.
(2.) RAVINDER Kumar @ Dr. Bobby, Darshan Singh @ Arjun, Surinder Kumar @ Bhura, Smt. Manju @ Sapna, Dharamvir @ Rakesh and Surinder Singh @ Chinda were sent up by the police for offences under Sections 302, 201, 343, 395 and 120-B, IPC, in respect of which FIR No. 86 dated May 23, 1999 has been registered at Police Station Mahesh Nagar, Ambala concerning the murder of Joginder Singh and the subsequent disposal of his dead body. The learned Addl. Session Judge was of the view that there was evidence on record which was not required to be minutely scrutinised and it was not to be seen whether the credibility of the witnesses had been impeached. The evidence of Jasbir Singh PW-2 to the effect that he had heard Gurpal, Darshan Singh, Nirbhey and Surinder Chhinda talking between themselves near the vegetable rehri at bus stand, Mahesh Nagar when he was purchasing the vegetables and that they were saying that they should not delay and Joginder Singh should be done away with. This was the only evidence on the basis of which Gurpal Singh and Nirbhey Singh had been summoned by the learned Addl. Sessions Judge.
(3.) LEARNED counsel has placed reliance on the decision of the Supreme Court in Michael Machado and another v. Central Bureau of Investigation and another, 2000(2) RCR(Crl.) 75 (SC) : AIR 2000 SC 1127 and has argued that in that case statements of three witnesses had been placed before the Hon'ble Supreme Court and it was held as under :- "The court while deciding whether to invoke the power under Section 319 of the Code, must address itself about the other constraints imposed by the first limb of the sub-section (4), that proceedings in respect of newly added persons shall be commenced afresh and the witnesses re-examined......... Unless the Court is hopeful that there is reasonable prospect of the case as against the newly brought accused ending in conviction of the offence concerned, we would say that the Court should refrain from adopting such a course of action." ;