Code of Criminal Procedure, 1973–Sec. 319 [ Corresponding Sec. 358 of BNSS, 2023 ]–Order of summoning the additional accused–Set aside by the High Court–The evidence from all the three eye-witnesses prima facie suggests the complicity of R, a specific role being assigned to him–He was named in FIR and the evidence thus, far leads prima facie, to reveal his role–Whether he will ultimately be convicted or not is left to be determined by a full-fledged inquiry at the end of trial–The High Court erred in observing that the witnesses have stated nothing about the motive of crime–Order of summoning deserves to be restored.
