Gandharav Singh v. State Of Punjab And Another
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"xxx It is stated that I am resident of aforementioned address. I am 12th passed. My father has four brothers. The elder one is my father and younger to him is Balbir Singh, Gagan Singh and youngest is Surjit Singh. He is 55 years of age and has retired from Army. My father and other brothers are having land measuring 8 Acre outside the village where Haveli has been constructed in the field and has kept the animals also. My father and other brothers, used to go to sleep Dera in order to keep supervision. My uncle Surjit Singh (Chacha) who is having two sons namely Gulshan Singh and Rahul Singh, both are working in Army. Yesterday on 3.4.2019, time was around 9.30 pm after having dinner, he had gone to Haveli for sleeping on his motor cycle. Today on 4.4.2019, time was around 6.45 am, I along with my friend Rajiv Pathwal @ Rocky son of Chanan Singh, resident of Deh went to Dera for sowing the crop of lady finger. Gate of Haveli was locked from inside. I along with my friend went inside after crossing the wire and saw that my uncle Surjit Singh
was sleeping on bench in the varandha. He fell down from bench and his both legs and right hand was tied with rope and blood was coming from his mouth. He had already died. Regarding this, I had informed my wife Shallu on phone. Then my father Soram Singh, other family members and other people from village came at spot. On the intervening night 3.4.2019, my uncle Surjit Singh son of Gian Singh has been murdered with unknown person. But, no specific injury was seen on his body. I left my uncle Gagan Singh and other family members near the dead body and was going to police station along with my father for giving information and you have mete me. Legal action be taken. xxx" 7.
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. 9 : A 45 "98. Power under Section 319 Cr.P.C. is a discretionary and an extra- ordinary power. It is to be exercised sparingly and only in those cases where the circumstances of the case so warrant. It is not to be exercised because the Magistrate or the Sessions Judge is of the opinion that some other person
may also be guilty of committing that offence. Only where strong and cogent evidence occurs against a person from the evidence led before the court that such power should be exercised and not in a casual and cavalier manner.
99. Thus, we hold that though only a prima facie case is to be established from the evidence led before the court not necessarily tested on the anvil of Cross-Examination, it requires much stronger evidence than mere probability of his complicity. The test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction. In the absence of such satisfaction, the court should refrain from exercising power under Section 319 Cr.P.C. In Section 319 Cr.P.C. the purpose of providing if 'it appears from the evidence that any person not being the accused has committed any offence' is clear from the words "for which such person could be tried together with the accused." The words used are not 'for which such person could be convicted'. There is, therefore, no scope for the Court acting under Section 319 Cr.P.C. to form any opinion as to the guilt of the accused."
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