( 1 ) THIS Criminal Revision Petition No. 305 of 1999 is directed against the order of the Additional Sessions Judge dated 13. 8. 1999 whereby he declined to discharge the accused whom he had summoned in exercise of powers under Section 319 of the Code of Criminal Procedure (for short the Code ) by order dated 5. 7. 1999 during pendency of the trial upon statement of Public Witness 4, Gyassudin. It is the case of the petitioner that during the investigation of the case arising out of the statement of Gyassudin before the police on 1. 7. 1997, FIR No. 501 /97 came to be registered at Police Station Seelampur under Section 307/34 of Indian Penal Code (for short tpc ). The statement of Gyassudin dated 1. 7. 1997 reads as follows:

"statement of Gyassudin s/o Shri Abdul Rashid, No. A-23, Chauhan Bangar Main Road, Jafrabad Delhi aged 26 years old stated that I along with my family live at the above given address and I do private service for making jacket in the factory of my brother. About 5 years back I used to study in Jakir Hussain College, Ajmeri Gate. During that period Sandeep Sharma s/o Ved Prakash Sharma also used to study in the College. There was a serious quarrel