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2007 (4) TMI 735 - SC - Indian LawsDeath of the injured - commission of an offence u/s 307/324 IPC - converted to one u/s 302 IPC - Application filed for summoning the appellant u/s 319 of the CrPC - witness's chief examination is only done - application u/s 319 CrPC dismissed at this stage - HELD THAT:- The Trial Judge, as noticed by us, in terms of Section 319 of the Code of Criminal Procedure was required to arrive at his satisfaction. If he thought that the matter should receive his due consideration only after the cross-examination of the witnesses is over, no exception thereto could be taken far less at the instance of a witness and when the State was not aggrieved by the same. It is evident that before a court exercises its discretionary jurisdiction in terms of Section 319 of the CrPC, it must arrive at the satisfaction that there exists a possibility that the accused so summoned is in all likelihood would be convicted. Such satisfaction can be arrived at inter alia upon completion of the cross-examination of the said witness. For the said purpose, the court concerned may also like to consider other evidence. We are, therefore, of the view that the High Court has committed an error in passing the impugned judgment. It is accordingly set aside. The appeal is allowed.
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