JUDGMENT :

1. Heard Sri Manish Tiwari, learned Senior Counsel assisted by Sri Aushim Luthra, learned counsel for the revisionists, Sri Udai Chandani, learned counsel for the O.P. No. 2 and learned A.G.A. for the State.

2. This criminal revision is directed against the order dated 6.9.2022 passed by Additional Sessions Judge/Special Judge (Gangster Act) F.T.C. (1st) Gautam Budh Nagar in S.T. No. 675 of 2015 under section 147, 148, 302/149, 307/149, 323/149, 504, 506 IPC (State of U.P. and another Vs. Gyani and others), P.S. Knowledge Park, District Gautam Budh Nagar. By the impugned order the learned trial court on application of prosecution under section 319 Cr.P.C. has summoned the revisionists-accused to face trial for offence under section 147, 148, 302/149, 307/149, 323/149, 504 and 506 IPC.

3. An FIR was lodged on 10.5.2015 at 15:20 hours by Mahesh Chandra against 16 named and several unnamed persons alleging therein that on 10.5.2015 the complainant with his brother Vijendra, uncle Ishwar Singh, Sonu @ Pushkar, Mahendra, Ramesh, Suresh, Karme @ Karam Singh, Naveen @ Kale, Sonu S/o Ramesh, Mintu @ Shyama Singh was ploughing his field situated at Hamlet Gulawali. At about 10:30 a.m. 50-60 persons in 15-16 vehicles and four tractors holding lathi, farsa, iron rod etc. came there and asked the complainant why they are working in their field. The complainant said that the field belongs to him. On this Lekhraj, Kanwar Singh, Shyam Singh, Anniraj, Komal, Nauraj, Ghanshyam, Jag Pravesh, Billoo, Gajraj, Malkhan, Pawan, Sukhpal, Mukesh Bindal and other unknown persons attacked the complainant and his companions with the weapons in their hands causing serious injuries to them. Ishwar Singh, uncle of the complainant was attacked by Lekhraj, Sonu and Babloo with iron rod and farsa on his head and thereafter run over by the tractor. Receiving injuries he fell down and died in the hospital. All the accused persons weilding the weapons and opening fire went away from the spot in vehicles and tractors. The complainant and all other injured were taken to the hospital where they are under treatment. After investigation charge-sheet was submitted exonerating the revisionists-accused. During course of trial three witnesses were examined by the prosecution. Thereafter, an application under section 319 Cr.P.C. was moved by the prosecution with averments that FIR was lodged by Mahesh Chandra against 16 accused persons including Babloo @ Dinesh Singh, Ghanshyam, Shyam Singh, Malkhan Singh, Pawan Kumar and Kanwar Singh. They are also involved in the incident but they are not being tried. The prosecution witness Mahesh, P.W. 1 and Mahendra Singh, P.W. 2 in their statements under section 161 Cr.P.C. and also in their deposition before the court have stated about the complicity of the aforesaid accused in the incident and there is sufficient evidence against them. A prayer was made to summon them under section 319 Cr.P.C. The learned trial court after hearing the parties by the impugned order has allowed the aforesaid application and has summoned the revisionists-accused.

4. Learned counsel for the revisionists contended that initially 16 accused persons were implicated by name in the FIR. During investigation the name of another accused Gyani was introduced as the main accused and the role of running over Ishwar Singh by tractor was assigned to him while in the FIR Gyani was not named and no role was assigned to him. No crush injury has been found on the body of Ishwar Singh in the postmortem. In the FIR it is alleged that Ishwar Singh was taken to hospital where he died but during investigation the prosecution changed this version and alleged that Ishwar Singh died on the spot which is major deviation, changing the place of occurrence. During trial the prosecution witnesses have omitted the name of co-accused Jag Prakash, Billoo, Navraj, Sukhpal and Mukesh while their names are specifically mentioned in the FIR as well as in the statements under secti