SARABJIT SINGH vs STATE OF PUNJAB

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 the prosecution must establish a prima facie case against the accused. The Court upheld the lower courts' decisions to summon the appellants for trial under Sections 148, 302, and 149 of the Indian Penal Code, affirming the findings of the Punjab and Haryana High Court.