In Brief
This criminal appeal arose from a complaint lodging an FIR against five individuals under provisions of the Indian Penal Code concerning rioting and murder. After investigation, charge sheets were filed against some accused, but a trial court declined to summon respondent no. 2 as an accused under Section 319 CrPC, citing contradictions in witness statements. The High Court affirmed this decision. The appellant contended that witnesses had specifically attributed overt acts to respondent no. 2. The Supreme Court upheld the concurrent findings of the trial court and High Court, holding that the material on record was insufficient to warrant summoning respondent no. 2 as an accused, and dismissed the appeal.
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