Mr. Alok Singh, J (Oral) - Revisional jurisdiction of this Court has been invoked challenging the order dated 17.9.2010 passed by Additional Sessions Judge, Sonipat, thereby summoning the revisionist under Section 319 of the Code of Criminal Procedure as an additional accused to face trial in case FIR No.470 dated 4.10.2009 under Section 302 read with Section 34 of the Indian Penal Code and Section 25 of the Arms Act, Police Station City Sonepat.

2. Learned Additional Sessions Judge while allowing the application has observed as under: -

“PW3, Sushila has been cross examined at length on behalf of accused, present facing trial but nothing to suggest innocence of Rajeev and Babita @ Pappi in the given allegations could be extracted in her cross examination. Moreover, according to this witness, her husband immediately prior to his death had also told her that at the instance of Pappi, Rajeev and Dabar had fired shots at him. Therefore, after his death, his said version amounts to his dying declaration, which too, cannot be allowed to escape its legal application. Furthermore, there is no material on record to absolve them of their alleged attributed role in the allegations i