- (1.) Petitioners Hardev Singh and Kultar Singh have challenged the order passed by the trial Court under Section 319 Cr.P.C. summoning the petitioners as additional accused to face the trial of the case in FIR No.244 of 2004, Police Station C-Division, Amritsar.
(2.) The first information report in this case was registered on 31.10.2004, the investigation was completed on 18.12.2004 and the charge was framed by the trial Court on 9.2.2005 under Sections 306 and 388 IPC. On the basis of the application filed under Section 319 Cr.P.C. during the pendency of trial, petitioners Hardev Singh and Kultar Singh were ordered to be summoned as additional accused. The trial Court having considered the materials on record including the evidence of petitioner Hardev Singh who was examined as PW24 and DW1 Sarabjit Singh and the FSL reports submitted by the investigating agency decided to summon the petitioners.
(3.) Learned Single Judge having formulated the following questions of law referred the matter to the Larger Bench for hearing:- "1. Whether for the purpose of exercising power under Section 319 Cr.P.C, a person who has deposed as prosecution witness can be summoned to face trial as additional accused on the basis of his own statement? 2. Whether such an exercise would be against the provision of Section 132 of the Evidence Act and would amount to self incrimination? 3. Whether trial court was right in placing reliance upon certain deposition of defence witness (DW/1) and the FSL reports while summoning petitioners to face trial? 4. Whether in the facts and circumstances of the case, the summoning order is within the ambit of parameters laid down in Hardeep Singh v. State of Punjab, 2014(1) R.C.R. (Criminal) 623 : 2014(1) Recent Apex Judgments (R.A.J.) 384 : 2014 (3) SCC 92 - ;