(1.) Leave granted.
(2.) This appeal arises from the judgment and order passed by the High Court of Judicature at Allahabad, Lucknow Bench dtd. 1/4/2024 in Criminal Application No. 2399 of 2024 filed by the appellants herein under Sec. 482 of the Code of Criminal Procedure, 1973 (the "CrPC") by which the High Court rejected the application and thereby affirmed the order passed by the Sessions Court summoning the appellants herein as accused under Sec. 319 of the CrPC in the Session Trial No. 582 of 2009.
(3.) On 14/4/2009, the respondent no. 2 herein lodged a First Information Report ("FIR") No. 99/2009 in the Police Station Bilgram, Hardoi, Uttar Pradesh for the offence punishable under Ss. 147, 148, 149 and 302 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC") respectively against five persons namely Irshad, Irfan, Abdul, Jamin and Akil in connection with the murder of his brother. The FIR alleged that the appellants herein namely, Jamin and Akil exhorted the other co-accused to kill the deceased and as a result of such instigation, the said co-accused fired at the deceased using their pistols resulting into his death.