Supreme Court of India · 2009-05-12
Sarabjit Singh & Anr vs State Of Punjab & Anr
- Citation / case number
- AIR 2009 SUPREME COURT 2792
- Court
- Supreme Court of India
- Petitioner
- Sarabjit Singh & Anr
- Respondent
- State Of Punjab & Anr
- Author
- S.B. Sinha
- Bench
- P. Sathasivam, S.B. Sinha
Judgment text excerpt
The Supreme Court addressed the interpretation of Section 319 of the Code of Criminal Procedure, 1973, concerning the summoning of additional accused in a trial. The Court held that the power under Section 319 is exceptional and should be exercised with caution, emphasizing that mere statements of a witness (PW-1) are insufficient to summon accused if they were previously found innocent during investigation. The Court ultimately upheld the dismissal of the appellants' revision petition, affirming the lower court's decision to summon them for trial under Sections 148, 302, and 149 of the Indian Penal Code.