The Supreme Court observed that the merits of the evidence has to be appreciated only during trial and not at the stage of Section 319 CrPC.
In this case, an application under Section 319 CrPC was moved before the Trial Court and the same was allowed. Allowing the revision petition filed by the accused, the High Court set aside this order on a reasoning that he was found innocent during investigation and that he never used the gun and had actually fled from the spot.