IMPORTANT POINT
The evidence for exercise of power u/s 319 should be more than prima facie but not of satisfaction to the extent that the evidence, if goes uncontroverted, would lead to the conviction of the accused.

JUDGMENT

Dinesh Maheshwari J.

Leave Granted.

2. In this appeal, the complainant-appellant has called in question the judgement and order dated 02.07.2018 in Criminal Revision Application No. 2626 of 2014 whereby, the High Court of Punjab and Haryana at Chandigarh, has upheld the order dated 24.07.2014 as passed by the Additional Sessions Judge, Fazilka in S.C. No. 9 of 14.01.2014 on an application filed under Section 319 of the Code of Criminal Procedure ('CrPC') seeking summoning of additional accused persons to stand the trial.

2.1 The sessions case aforesaid is pending trial for the offences under Sections 302, 307, 341, 34 of the Indian Penal Code ('IPC') and Sections 25, 54 and 59 of the Arms Act. By the said order dated 24.07.2014 on the application under Section 319 CrPC, the Trial Court, while partly granting the prayer of the prosecution to summon one of the accused Sonu son of Jaipal to face the trial, has dismissed the prayer for summoning the other 7 persons namely, Krishan Dev, Vikash son of Krishan Dev, Rajan, Mukesh @ Jungli, Devinder @ Veeru, Surinder Mahal and Prithvi Raj.

3. The background aspects, so far relevant for the present purpose, could be noticed, in brief, as follows:

3.1 The prosecution case is that on 29.08.2013, the appellant accompanied by his father, brother and other associates, proceeded to reclaim possession of their land from the erstwhile tenants in compliance with the directions issued by the Court of Assistant Collector Grade-I; that on reaching the site at about 3:30 p.m., they found that the concerned revenue officers were not present and while they were making their way back to the village in search of the revenue officers, 3-4 cars intercepted them and about 10-12 persons emerged from the said vehicles, some of them being the alleged tenants, who were armed with pistols, rifles, swords, dangs, sotas, and 12 bore gun; and that after a heated exchange of words, the appellant, his family members and their associates were attacked by the accused which resulted in the demise of the appellant's father and brother while the others sustained varying injuries with the appellant receiving three bullet injuries.

3.2 For the incident in question, FIR came to be filed against 11 persons for the offences under Sections 302, 307, 341, 148 and 149 IPC as also Sections 27, 54 and 59 of the Arms Act. However, after investigation, only 3 persons, namely, Vikram Gilla, Gurmit Singh and Sunil Kumar, were charge-sheeted.

3.3 In trial, the appellant was examined by the prosecution as PW-1, who asserted in relation to the incident in question, inter alia, as under:-

"...After alighting from the Car Vikas raised Alarm that they be taught lesson for taking possession of their land. Then Vikram fired from his rifle on my father which hit him. Then my brother Sandeep alighted from the Jeep and Vikram with his rifle fired two shots at him which hit on the left side of his chest and waist. Krishan again raised Lalkara and instigated Sonu why are you standing and asked him to kill all sons of Hanuman. Then Sonu fired three shots from his revolver out of which two fires on my chest near the heart and one near the left shoulder. Vikram again fired shot from his gun on my father which hit him on his waist. Then all the accused started indiscriminating firing with their revolver, 12 bore gun and pistols and the fires hit with the vehicles, Mahi Ram, Budh Ram, my father and Sham Lal our servant. Thereafter we raised Raula of MAR DITTA MAR DITTA. Then accused tried to run away on their vehicles but Innova did not start and they left the Innova then along with 12 bore rifle and ran away from the spot in another vehicles.....(sic)"

3.4 In his cross-examination, the appellant deposed that Krishan Dev, Vikas, Sonu, Rajan, Mukesh @ Jungli, Devinder @ Veeru, Surinder Mahal and Pirthi Raj were declared innocent after investigation by the police, but volunteered to state that they were wrongly declared innocent.

3.5 Pending further cross-