Latest News
Back
Document:
All the Appellants Alongwith the Accused Should Stand Together: Joginder Singh Case
Introduction:
- This case was between joginder singh & ors vs state of punjab . There were total 5 appellants in this case:
- Joginder Singh;
- Ram Sigh;
-Bhan singh;
- Rangit singh; &
- Darshan Singh.
- The criminal complaint was registered against all of Two appellants were found innocent in this case.
- There was charge sheet filed against the remaining three persons. The evidence was recorded at the trial & the sessions court directed the remaining appellants to stand with the other accused appellants for the trial of the case.
Facts of the case:
- At Dakha police station a criminal case was registered against Joginder Singh, Ram Sigh, Bhan singh and Rangit singh. There was an allegation on all of them that each one was armed with a “Toki”.
- On April 30, 1977 at 10.00 am in the morning all of them entered the house and had caused injuries to the people present in the house. Ajaib Singh and Bir Singh were present at that time in the house.
- The various injuries were caused to them with the respective weapons. An attack with “Toki” blow from the reverse side on Ajaib Singh’s head. The attack was done by Darshan Singh.
- On the other hand Joginder singh and Ranjit singh gave blows the head when Bir Singh tried to rescue Ajaib Singh All the four injuries were found on the medical examination of Ajaib Singh.
- These injuries were done with the blunt weapons. Also Bir Singh was found injuried with a blunt weapon. The police investigated the whole case. On investigation he found out the that Joginder Singh & Ram Singh to be innocent. The remaining three accused were Bhan Singh, Darshan Singh and Ranjit Singh. Chargesheet was filed on them by the police.
- The three accused Bhan Singh, Darshan Singh and Ranjit Singh were committed to the sessions court on the cnduct o the preliminary inquiry by the learned Magistrate. The charges were framed on all three of them at the sessions court for the offence being convicted by them. All this took place at the sessions court of Ludhiana.
- At the record of the trial evidence during the course of Mohinder Singh and Ajaib Singh both implicated Joginder Singh and Ram Singh in the incident. All the accused were facing their trial.
- On the grounds that sessions judge had no jurisdiction or power to summon the two appellant. Along with that the judge no right to direct them to be alleged as accused and to stand them along with the other 3 appellants. Based on this ground the application was opposed.
Laws pertaining to the case :
- The learned judge exercised it powers under 319 of the Code of Criminal Procedure, 1973. As per section 319 of the CrPC Power to proceed against other persons appearing to be guilty of offence.
(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.
(2) The person may be arrested or summoned, when such person is not attending the court for the purpose aforeside.
(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.
- This eqivalent provision was found under 1898 code 351(I) under which it was provided that any person attending a criminal Court, although not under arrest or upon a summons, may be detailed by such Court for the purpose of inquiry into or trial of any offence of which such Court can take cognizance and which, from the evidence, may appear to have been committed, and may be proceeded against as though he had been arrested or summoned; provided that in such a situation the evidence shall be re-heard in the presence of the newly added accused.
Court observation and judgement:
- In the criminal revision petition an order was passed by the Punjab High Court, in which it was directed that the two appellants which were Joginder Singh and the Ram Singh were mandate to stand in trial together with the other three accused.
- An appeal regarding special leave stands to be dismissed by the Supreme Court. The Supreme Court dismissed the appeal regarding special leave petition.
- All the appellants are mandate to stand in the trial together for the offences under ss. 308,452& 323 read with 341 I.P.C.
Document:
