SHARMA,J - (1.) THIS criminal misc. petition U/s. 482 CrPC has been filed against the order dated 29.6.2012 passed by Additional Sessions Judge No.2, Deeg, District Bharatpur in Sessions Case No. 86/2011, by which the application filed by the complainant respondent no.2 U/s. 311 CrPC for summoning five prosecution witnesses for their examination afresh has been allowed.
(2.) BRIEF facts of the case are that complainant Babu Lal submitted a written report on 1.6.2011, which was registered as FIR for the offence U/s. 302/34 IPC. It was mentioned in the aforesaid report that while he was attending the engagement of son of one Bhikko, his brother namely Ballo came to him. At the same time, the petitioners were armed with fire arms and the accused petitioner no.1 fired a gun shot at his brother, as a result of which he sustained fire arm injury on his stomach. Thereafter, he was taken to the Hospital, where he died. After concluding the investigation, the police filed a charge sheet against the accused petitioners for the offence U/s. 302 read with section 34 IPC and 3/25 of Arms Act.
(3.) AFTER committal of the case, the trial court framed the charges against the petitioners no. 1 and 2 for the offence U/s. 302 IPC and 3/25 Arms Act and 302/34 IPC and 3/25 of Arms Act respectively, to which the petitioners pleaded not guilty and claimed trial.;