JUDGMENT :

SANJAY KISHAN KAUL, J.

1. Leave granted.

2. An FIR dated 04.09.2005 was registered in P.S. Khera Garh, District Agra, Uttar Pradesh in respect of Crime Case No.331/05 under Sections 147, 148, 149, 307, 302, 323, 504 and 506 of IPC.

3. The police carried out investigation and filed a charge-sheet. While the trial was on, during the examination-in-chief of PW-1, an order has been passed exercising power under Section 319 of the Cr.P.C. to summon the appellant as an accused. This order was sought to be assailed in a revision petition which was dismissed. Thus, the appellant has filed the present appeal.

4. A perusal of the FIR would show that the complainant is PW-1. The role ascribed to the appellant was that he came with a country made revolver at the site but the deceased Satyapal was fired upon by two other accused which caused the death. This is what has been stated in the examination-in-chief of PW-1.

5. It is pointed out by learned counsel that PW-1 was the only person who named the appellant while other eye witnesses including the injured witness did not do so.

6. A perusal of the order dated 02.09.2006 would show that what is recorded is that the prosecution has given an