KISHUN SINGH vs STATE OF BIHAR

The Supreme Court held that Section 319 of the Code of Criminal Procedure, 1973, allows for the impleading of additional accused only when evidence has been presented during the trial indicating their involvement in the crime. The Court clarified that the power under Section 319 cannot be exercised solely based on the investigation report without any trial evidence, as mandated by Section 193 of the Code. The appeal was dismissed, affirming the Sessions Judge's decision to implead the appellants as co-accused before the trial commenced.