1994 (11) TMI 445

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..... is the brother-in-law of Shakvin who met with an unnatural death in her matrimonial home on June 22,1991. The appellant No. 2 is his wife. On the following day i.e. on June 23,1991 Noor Mohammad, father of the deceased lodged a First Information Report alleging that her husband, grant mother-in-law and the two appellants were responsible for her death. On that information a case was registered und .....

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..... treated the deceased the Investigating agency did not submit charge sheet against them and praying for invoking the provisions of Section 193 of the Code to summon them. The application was opposed on behalf of the appellants on the ground that in absence of any order of their committal in accordance with Section 209 of the Code the Court of Session could not summon them in exercise of power under .....

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..... ring to be guilty may be summoned. The learned Sessions Judge has perused the material and has found that there are allegations against the applicants. Merely because Section 193 has been mentioned by the Court below, it will not invalidate the order. Hence this appeal. 6. It was submitted on behalf of the appellants that neither the provisions of Section 193 nor those of 319 of .....

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..... ed reason which weighed with the High Court in sustaining the order of the learned Judge is patently incorrect. The power under Section 319(1) can be exercised only in those cases where involvement of persons other than those arraigned in the charge-sheet comes to light in the course of evidence recorded during the enquiry or trial. As that stage has not yet reached the appellants could not have s .....

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..... ance of the offence which would include the summoning of the person or persons whose complicity in the commission of the crime can prima facie be gathered from the material available on record. 9. Since we are in respectful agreement with the principle so laid down the contention of the appellants in this regard must be rejected. The appeal is, therefore, dismissed. - - TaxTMI - TM .....

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