Dalip Singh And Ors. vs State Of Rajasthan on 16 May, 1988
50. The submission of Mr. Soni and Mr. Singhi that the decision in Joginder Singh's case 1979 Cri LJ 333 (SC) has set at rest the controversy relating to the term 'evidence' occurring in Section 319 because their Lordships have used the word 'evidence' recorded at the trial in Para 8 of the judgment, is not appearing, because, as stated earlier, in the matter before their Lordships evidence of two witnesses had already been recorded by the Sessions Judge and their Lordships were looking to the case from that angle. The important part of the judgment throwing light on the question emerging for determination before us is the observation that once the Sessions Court proceeds as a result of the committal order against some accused, the power under Section 319(1) comes into play.