Learned Sessions Judge allowed the said petition and appellant was summoned as an accused in the case.
Facts, barely necessary for disposal of this appeal, are following On 24.12.1996, an FIR was lodged at Rajkot Police Station Punjab alleging that eight persons including the present a pellant formed themselves into an unlawful assembly at about 8 P.M. and on the exhortation of the appellant one of the members of the unlawful assembly snatched away the rifle of a gunman and fired at Chamkaur Singh who succumbed to the gunshot injuries later.
In the rioting some other persons also sustained injuries.
Now the question is directed to be companysidered by a larger Bench in the light of the reservation expressed in Raj Kishores case.
That order of the Sessions Judge was challenged before the High Court but it was companyfirmed by the impugned order.
J Leave granted.
Hence this appeal came to be listed before a three Judge Bench.
THOMAS.
After the case was companymitted to the Court of Sessions the de facto companyplainant Darshan Singh who furnished the first information filed a petition before the Session Judge on 5 6 1997 praying that appellant also be arraigned as an accused singh his exoneration by investigating agency was improper.
