JUDGMENT

Mrs. Sadhna Rani (Thakur), J.

Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and perused the record.

2. The revision has been filed against the order dated 23.09.2022 passed by the Additional Session Judge, Court No. 1 Hathras Junction in Session Trial No.348 of 2018 ( State v. Rajan Singh and others), under Sections 147 , 148, 149, 302, 504, 506, 307, 34 I.P.C, whereby the application under Section 319 Cr.RC. of the opposite party no.2 was allowed and all the seven revisionists were summoned to face trial under Sections 147 , 148, 302/149, 504, 506, 307/149 IPC.

3. It is argued by the learned counsel for the revisionists that FIR was lodged against 11 persons on 09.06.2018 with the allegation that all the named 11 accused persons who were having enmity with opposite party no.2 came to his house in the evening at about 8 PM on 09.06.218 and in furtherance of their common object, herald abuses and when they were resisted all of them started firing with their guns, rifles and pistols. As a result two brothers of the first informant Pratap Singh and Netrapal are said to have put to death and the first informant is said to have sustained fire arms injury. The brother of the first informant Devendra Singh, nephew Himanshu and sister-in-law (bhabhi) Hemlata are said to have witnessed the incident. It is further submitted that out of these 11 persons charge-sheet was submitted against four accused persons and against rest seven accused persons investigation remained continued. On 09.09.2018 the rest seven accused persons were exonerated by the investigating officer. Sections 147 , 148, 149 and 452 IPC were also deleted from the earlier charge-sheet. After the statement of PW1 and PW2 first informant moved an application under Section 319 Cr.P.C. which was allowed vide order dated 23.9.2022 and all the seven accused persons exonerated earlier by the investigating were summoned by the court concerned to face trial under Sections 147 , 148, 302/149, 504, 506, 307/149 IPC.

4. The said summoning order on the application under Section 319 Cr.P.C. is under challenge in the present revision. It is submitted by the learned counsel for the revisionists that on the date of incident i.e. on 09.06.2018 revisionist no.1 Yashodhan was under treatment staying at house no.47/11 Dharmvihar, Bahadurgarh, District Chajjar, Hariyana. In this regard, the attention of the Court is drawn towards the statement of Harimohan Dhakare, in whose house Yashodhan is said to have stayed for his treatment, statements of Krishan Prasad, Praveen Kumar Singh and also of doctor Sanjay, who is said to have treated the revisionist Yashodhan on 09.06.2018 at 3 PM, while the incident is dated 09.06.2018 at 8 PM.

5. With regard to revisionists Sandeep Singh and Pushpendra Singh, the attention of the Court is drawn towards the statements of Indrajeet Singh, Smt. Beena Devi, Subodh Kumar, Maheshpal Singh, Vijay Singh and Sanjay Singh, who have stated that on 09.06.2018 at about 8 PM shop of Indrajeet, namely, 'Sriram Sweets & Fast Food' at Ramghat Road, Aligarh was inaugurated and revisionists Pushpendra Singh and Sandeep Singh were present in that programme at about 8:30 PM. It is alleged that CCTV cameras are installed at the shop and at that time Sandeep Singh had gone for loading/ unloading the laguage.

6. Regarding Shilendra Singh, the attention of the Court is drawn towards the statement of Dharmvir Singh, Dilip, Smt. Sashi Prabh, Vipul Agarwal, Smt. Chandrawati, Smt. Mamta, Smt. Supriti, Kavya Vashnay and Premlata, in their statements it has come that on 09.06.2018 from 7 PM to 9 PM, Shilendra Singh was present at his house. At about 9 PM on that fateful day, he had come to the shop of Kavya Vashney to purchase some household stuff. At his shop, CCTV Cameras are said to have installed. Rest witnesses have stated that the father-in-law of Shilendra had expired so they had gone to express their condolences at his home and dur