Ravindra Nath Kakkar, J. - (1.) This criminal revision has been preferred against the judgement and order dated 14.03.2016, passed by Additional Sessions Judge, Court No. 4, Kasganj in S.T. No. 30 of 2015 (State of U.P. v. Tahir @ Badshah & others) arising out of Case Crime No. 288 of 2014 , under Sections 147, 148, 149, 452, 307, 504 and 506 of I.P.C. and 7 Criminal Law Amendment Act, Police Station-Ganj Dundwara, District-Kasganj, whereby the learned Judge has rejected the application of the revisionist under Section 319 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') for summoning opposite party no.2 as an accused to face the trial, which is under challenge in this revision.
(2.) The important and relevant facts are stated herein below:- The complainant moved an application under Section 319 Cr.P.C. alleging that on 2.11.2014 at about 1.30 PM accused Tahir @ Badshah, Mohd. Qmar, Arif, Shamshul, Mohd. Gaffar, Aurangjeb, Ishak, Yusuf and Mohd. Zafar with a common intention assaulted Kasheem, Kaleem, Hasnain and Shana and with an intent to kill open fire resulting death of Kasheem. All the accused were named in the F.I.R. but conniving with the police the charge sheet has not been submitted against the accused Shamshul.
(3.) During trial PW1 complainant was examined and tendered his evidence to the extent that accused Shamshul also participated in the commission of the crime and physically involved and his complicity in the commission of the crime is established. The accused Shamshul also participated in the assault and on his exhortation accused Kasheem was murdered. The application under Section 319 Cr.P.C. has been illegally rejected.;