P.C. is disposed of accordingly.
Papers be attached with the trial file.
He was attacked by them by their respective weapons in their hands, till they became sure of his death.
After the accused left the place of occurrence, PW 1 went near Raju and made him drink water.
They thereafter fled away.
Contention of the accused, however, in that case is that the deceased Raju was a vagabond having numerous criminal cases registered against him and a large number of proceedings were initiated.
Rev. No.
On the basis of the said statements alone, the application filed by the first informant under Section 319 of the Code was allowed, stating In view of the specific attribution to Gurdip Singh, Sarabjit Singh and Sarup Singh, it is prima facie established that they were members of an unlawful assembly having the companymon object to kill Rajwinder Singh and they are liable to face the trial u s 148, 302 read with Section 149 I.P.C. Hence, accused Gurdip Singh son of Sohan Singh, Sarabjit Singh son of Nazir Singh and Sarup Singh son of Mohan Singh, residents of village Kaile Kalan be summoned through number bailable warrant, of arrest for 17.10.06 to face trial u s 148, 302 read with Section 149 I.P.C. alongwith the other accused.
He repeated the allegations companytained in the First Information Report.
The accused persons were standing their trial.
No.19 of 2007, Hira Singh and Bhagwant Masih again came near him and caused further physical injuries to him.
He was catched by a mob of villagers being fed up with his activities.
Sarabjit Singh and Saroop Singh, appellants herein, while standing near the village, shouted that Raju had number died whereupon Gurdip Singh, appellant in Criminal Appeal arising out of SLP Crl.
They arise out of a judgment and order dated 12.10.2006 passed by a learned Single Judge of the Punjab and Haryana High Court in Crl.
With this, the application u s 319 Cr.
Singh accused Gurpreet Singh alias Gopi is already facing the trial, therefore, there is numberneed to issue process against him.
The investigating officer upon companypletion of the investigation filed a chargesheet against ten persons and filed a final report against the appellants herein.
Before the learned Sessions Judge, Balwant Singh PW 1 was examined.
Relying only on or on the basis of the said statements made by PW 1, an application for summoning the appellants in terms of Section 319 of the Code was filed.
Interpretation and or application of the provisions of Section 319 of the Code of Criminal Procedure, 1973 for short the Code is in question in these appeals.
Allegations against the appellants have been levelled because of political rivalry.
A First Information Report was lodged by Balwant Singh PW 1 alleging that while working on the fields at about 11.30 a.m. on 02.05.2005, he found Rajwinder Singh alias Raju being surrounded by the accused.
2073 of 2006 dismissing the revision petition filed by the appellants herein from an order dated 28.09.2006 passed by the Additional Sessions Judge, Gurdaspur whereby application of prosecution under Section 319 of the Code was allowed and the appellants were summoned to face trial for offences under Section 148/302 read with Section 149 of the Indian Penal Code.
B. SINHA, J Leave granted.
As indicated hereinbefore, appellants revision application thereagainst before the High Court was dismissed.
