In Brief
Six appellants, originally named in an FIR for murder and rioting offences but not charge-sheeted, were summoned to stand trial under Section 319 CrPC after prosecution witnesses gave evidence identifying them as participants in the crime. The appellants challenged the summoning order arguing the investigating officer had found them innocent and absent from the incident site. The Supreme Court upheld the summoning, holding that Section 319 CrPC empowers courts to arraign additional persons when trial evidence shows their complicity, even if initially omitted from the charge-sheet. The court need not await cross-examination; examination-in-chief evidence suffices. The power is discretionary but available in proper circumstances to ensure real culprits face trial. Appeal dismissed.
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