- (1.) THE instant revision has been filed against the order dated 06.11.2012 passed by the trial Court on application under Section 319 Cr.P.C. summoning the petitioner as additional accused to face trial alongwith the accused already facing trial for offence under Section 302 read with Section 34 IPC, Section 25 of the Arms Act in FIR No. 324 dated 28.12.2011, registered at Police Station Safidon, District Jind.
(2.) THE facts of the case briefly are that on 28.12.2011 , Gurmukh Singh was standing in front of the liquor vend situated near old bus stand Safidon. At about 5.30 p.m. he saw his nephew Vineet was shot at by the miscreants. Gurmukh Singh complainant then saw Noni already facing trial, having sat on a motorcycle which was in the state of motion. Sahab Singh petitioner who was sitting on that motorcycle and both of them fled from the spot. Both of them who were armed with pistols. The people tried to catch the culprits but they fired towards them. The motive of the crime was that petitioner was suspecting that Vineet was keeping an evil eye on his daughter. Sahab Singh and Noni are friends. Even 3 -4 days before the occurrence an altercation took place between Noni and Vineet. Vineet, the victim died on way to the hospital.
(3.) DURING investigation of the case, petitioner was kept in column No. 2 of the charge -sheet presented by the prosecution. After the charge was framed against Noni, Gurmukh Singh complainant was examined as PW -1 and he reiterated the version in the witness -box on oath, clearly incriminating petitioner to be also the culprit who kept his motorcycle in motion and Noni fired a shot at Vineet and both fled from there. I have heard learned counsel for the petitioner, learned Additional Advocate General and counsel for the complainant and find no ground to interfere in the discretion properly exercised by the learned trial Court.;