SHARMA, J.—Ajayab Singh and Ram Pratap have invoked revisional jurisdiction of this Court by way of an application under secs. 397 read with sec. 401, Cr.P.C. against an order passed by the Additional Sessions Judge, Sri, Ganganagar, in Sessoins Case No. 76 of 1976, State vs. Succha Singh and others. By this order the Additional Sessions Judge allowed the application presented by Arjunsingh complainant for summoning the petitioners to his court lor trial together with the other accused for the offences punishable under secs. 336 I.P.C. and sec. 27 of the Arms Act, which they appeared to have committed.

2. The short facts giving rise to this rivision petition may be stated as follows:—

Arjun Singh son of Dutta Singh Jat Sikh resident of 58 G.B. lodged a verbal report with the police at police station, Anupgarh, District Sri, Ganganagar on 24th May, 1975, at about 3 30 p.m. It was alleged in the report that his son Gajjan Singh had gone to his fields on the back of a mare in the morning on 24th May, 1975 Ajayab Singh accompanied by his associates, namely, Succha Singh, Hardayal Singh Nirmal Singh, Avtar Singh and Ram Pratap followed his son for the purpose of giving him a beating. Gajjan Singh, however, succeeded in making good his escape. He came to his house by another route and went inside after closing the doors. At about 12 in the noon, Arjun Singhs son Kulwant Singh and his grand-son Narendra Singh and his co-sharer Jagjit Singh took their tractor to the canal for the purpose of washing it. At about 1 30 p.m they were returning to the informants house. The aforesaid six accused persons pursued them having guns in their hands. As soon the tractor was brought to the house, Kulwant Singh shut the door and raised a hue and cry that Ajayab Singh and his companions were coming having armed with weapons. Immediately after the cries were raised by Kulwant Singh, Ajayab Singh, and his associates reached the hou?e of Arjun Singh and began to fire shots from their guns which hit the doors and windows of the house. On seeing the miscreants firing shots, Gajjansingh opened fire from his gun while sitting in the upper storey. The shots fired from his gun hit Nirmal Singh, and Hardayal Singh causing their deaths. Avtar Singh somehow or the other escaped from there and ran away. Succha Singh and Ajayab Singh took away the guns of Nirmal Singh and Hardayal Singh deceased. If Gajjan Singh had not opened fire, Ajayab Singh and his companions would have killed the informant and his family.

3. The oral report was reduced to writing by the A.S.I, who registered a criminal case on its basis against Ajayab Singh and others under secs. 147, 148, 336 and 307 read with Sec. 149, I.P.C. and Sec. 27 of the Arms Act and took up usual investigation into the matter. He collected necessary evidence in the case and eventually submitted a charge-sheet against Avtar Singh and Succha Singh accused only under secs, 336, I.P.C. and 27 Arms Act in the court of the Munsiff-cum-Judicial Magistrate, Raisinghnagar. The learned Magistrate committed the case to the court of Sessions for trail although the offenses alleged to have been committed by the two accused were not exclusively triable by the Sessions Judge. The commitment was made for the simple reason that the cross-case filed by the State against Succha Singh and others under sec. 302, I.P.C. had already been committed to the court of Sessions for trial. It appeared that the Sessions Judge after the case was committed to his court had transferred it to the court of the Additional Sessions Judge Sri, Ganganagar, for trial in accordance with law Arjun Singh informant presented an application before the Session Judge, Sri, Ganganagar, on 20th October, 1976 that Ajayab Singh and Ram Pratap also should be proceeded against along with Succha Singh and Avtar Singh for the offences under secs. 147, 148, 336/149, I.P.C. and Sec. 27 of the Arms Act, which they appeared to have committed In his application Arjun Singh stat

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