AIROnline 2025 SC 725

Supreme Court Of India

(From : Punjab And Haryana)*

Hon'ble Judge(s): Pamidighantam Sri Narasimha, R. Mahadevan , JJ

(A) Penal Code (45 of 1860) , S.307, S.332— Criminal P.C. (2 of 1974) , S.319— Attempt to murder - Conviction for - Challenge on the ground that summoning as additional accused was illegal - Crime was alleged to have been committed by undertrial prisoner in connivance with accused who was Assistant Superintendent of Jail and two unknown assailants, with intention to facilitate escape from custody and to eliminate escorting officers - Plea of accused that he was declared innocent during preliminary investigation and his summoning as additional accused u/S. 319 Cr P C was illegal - Detailed, consistent, and credible testimony of Head Constable, injured escort officer, clearly implicated accused - Deposition of said witness categorically established that accused facilitated use of private vehicle in which assailants were already present and deliberately orchestrated stop at vulnerable location, thereby enabling assault and attempt to escape - In light of direct and incriminating evidence, Trial court had summoned accused by exercising its jurisdiction u/S. 319 of Cr.P.C. - Prior exoneration of accused during preliminary investigation would not invalidate judicial findings recorded on basis of substantive trial evidence - Deposition of Deputy Superintendent of Police, who conducted preliminary inquiry did not disclose date, time or precise details of spot inspection, thereby casting doubt on thoroughne....