JUDGMENT :

Rajesh Bhardwaj, J.

Prayer in the present revision petition is for setting aside the judgment dated 07.06.2024 passed by the learned Sessions Judge, Tarn Taran, whereby an application under Section 319 Cr.P.C. filed by the prosecution has been allowed and the petitioners have been ordered to be summoned to face trial along with the other accused persons who are already facing trial in case FIR No.0173 dated 11.10.2020, registered under Sections 302, 506, 120-B, 201, 148 and 149 of the IPC, at Police Station Bhikhiwind, District Tarn Taran, Punjab.

2. Succinctly, the facts of the case are that the FIR in the present case was registered on the statement of the complainant/respondent no.2 Dinesh Kumar, in which he alleged that on 11.10.2020, at around 6.00/7.00 pm, he along with Mandeep Kumar alias Monu (deceased), who was his brother-in-law, his father-in-law's younger brother, namely, Paramjit Kumar and an employee of the petrol pump, namely, Deepak Kumar were sitting at the petrol pump, namely, Raj Kumar Brothers Pump on Khemkaran road. In the meantime, Satwinder Singh alias Satinder Singh Pasi armed with a .315 bore rifle, Gurpreet Singh alias Gopi armed with a pistol, Charanjit Singh armed with a .12 bore gun, Harbhajan Singh armed with a .12 bore gun, Surjit Singh alias Vicky armed with a datar and 15-20 other unknown persons armed with their respective weapons came there. The complainant side had already a dispute going on with Satwinder Singh @ Satinder Singh Pasi regarding a passage adjoining the petrol pump. As he and Mandeep Kumar alias Monu (deceased) had gone ahead, in the meantime, Gurpreet Singh alias Gopi fired a short with his pistol at Mandeep Kumar alias Monu, which hit him on his right side of the waist and resultantly, he fell down. Gurpreet Singh alias Gopi along with his accomplices escaped from the place of occurrence while firing bullets and threatening them. He and Deepak Kumar arranged the conveyance and shifted Mandeep Kumar alias Monu to the hospital, however, he was declared dead by the doctors. It was alleged that Kulbir Singh Pasi and Gurnam Singh Pasi had killed his brother-in-law Mandeep Kumar alias Monu by hatching a conspiracy along with all the accused persons. The motive of the murder of his brother-inlaw was a dispute going on between the complainant side and Satwinder Singh alias Satinder Singh Pasi for a passage adjoining the petrol pump. The request was made to take legal action against all the accused. On registration of the FIR, while taking into consideration gravity of the offences, the respondent-State constituted a Special Investigation Team (SIT) on 17.11.2020 for investigation of the case. The SIT, in its first report dated 25.01.2021, concluded that no material was found available for complicity of the accused, namely, Charanjit Singh, Surjit Singh alias Vicky and Jasbir Singh Pasi and, thus, declared them innocent, whereas regarding Satwinder Singh alias Satinder Singh Pasi, Harbhajan Singh, Kulbir Singh Pasi and Gurnam Singh Pasi, the investigation was kept pending and the challan was presented only against Gurpreet Singh alias Gopi on 05.02.2021.

The prosecution filed an application under Section 193 Cr.P.C. before the learned trial Court for summoning the three accused, namely, Charanjit Singh, Surjit Singh alias Vicky and Jasbir Singh Pasi, who were declared innocent by the SIT. However, on consideration, the learned trial Court declined the same vide its order dated 05.07.2021. The complainant/respondent no.2 assailed the said order dated 05.07.2021 before this Court by way of filing the revision petition bearing CRR-1591-2021, however, the same was dismissed by this Court vide order dated 02.06.2023 and, thus, the order passed by the learned trial Court dated 05.07.2021 was upheld by this Court.

The SIT filed its supplementary report dated 24.07.2021, wherein, in addition to the three accused, namely, Charanjit Singh, Surjit Singh alias Vicky and Jasbir Singh Pasi, a