P&H: Upholds Summoning of Accused U/s.319 passed before judgment of acquittal of Co-Accused

(i) Indian Penal Code, 1860, Ss.141, 149 — Unlawful assembly — Once evidence led before court, if unrebutted, shows person to be member of armed unlawful assembly, absence of a specific overt act does not dilute that satisfaction. (Para 17)

(ii) Evidence Act, 1872, S.154, Criminal Procedure Code, 1973, S.19 — Hostile witness — Evidence of witness declared hostile is not wiped off from record, and part of it which is otherwise acceptable can be acted upon. (Para 20)

(iii) Criminal Procedure Code, 1973, S. 319 — Summoning of additional accused — Summoning order validly passed before judgment of acquittal does not lose its force merely because co-accused have since been acquitted, and summoned accused may be tried separately. (Paras 29 to 30)