JUDGMENT

Rajesh Bhardwaj, J.

Petitioner has approached this Court by way of filing the present revision petition impugning order dated 19.12.2022, passed by the learned Addl. Sessions Judge, Hisar whereby, application filed by the petitioner under Section 319 Cr.P.C., 1973 for summoning respondents No.2 and 3 as additional accused in case FIR No.177, dated 12.07.2020, registered under Sections 147 , 148, 149, 302, 323, 365, 452, 325 IPC, Section 3(i)(r), 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station Agroha, District Hisar, was dismissed.

2. Adumbrated facts of the case are that statement of Dheera Ram, complainant was recorded, wherein, he has deposed that on 11.07.2020 at about 4:00 pm, when he was near the house of Sarpanch of village Mothsara, then Anmol son of Parveen and Pawan son of Bajrang came on motorcycle and started abusing him. He was given slaps and fists blows by them. On seeing the neighbours both of them escaped from there on their motorcycle. Thereafter, at 5:30 p.m., Anmol son of Parveen, Rahul son of Dharampal, Rakesh (respondent No.2) and Sunder sons Jaina Ram Nai, Vishnu son of Om Parkash, Wazir son of Balwant, Sonu, Pawan and Surender @ Kalu (respondent No.3) sons of Bajrang came armed with lathi, danda and iron rods and forcibly entered into their house. They abused him and they were dragged out of the house. The accused persons opened attacked with their respective weapons. The female members of the family came to their rescue, however, they were also beaten up by the accused. In the meantime, his cousin Pardeep and Kuldeep came there and on seeing them, the accused ran away from the spot. He alleged that the complainant raised voice against the accused, who used to consume liquor at the chowk of the village. The accused nurtured a grudge against the complainant and hence, due to his motive, to take revenge from the complainant and his family members, the accused opened an attack on them. The injured were shifted to the hospital, where, Ferozi succumbed to the injuries. The FIR was lodged and request was made to take legal action against the accused. After registration of the FIR, the investigation commenced and the Investigating Agency after investigation filed challan under Section 173(2) Cr.P.C., 1973 against the accused, namely, Anmol, Sonu, Wazir Singh, Pawan, Rahul @ Sukha, Sunder @ Binda and Vishnu. However, accused Rakesh and Surender (respondents No.2 and 3) were found innocent and they were kept in column No.2. The trial commenced qua rest of the accused. During the trial, complainant- Dheera Ram examined as PW-1 and he reiterated his allegations as made by him at the time of registration of the FIR. Thus, application under Section 319 Cr.P.C., 1973 was filed praying for summoning of respondent No.2 and 3 i.e. Rakesh and Surender. The trial Court after hearing both the sides declined the same vide impugned order dated 19.12.2022. Aggrieved by the same, the petitioner has approached this Court by way of filing the present revision petition for setting aside the impugned order and summoning respondents No.2 and 3 to face the trial alongwith the co-accused.

3. Learned counsel for the petitioner has vehemently contended that the view taken by the learned trial Court in declining the application filed under Section 319 Cr.P.C., 1973 is totally unsustainable in the eyes of law. He submits that the complainant is injured eye witness and he had specifically named both respondents No.2 and 3 as accused who alongwith the rest of the accused had entered into the house of the complainant duly armed with wea