JUDGMENT :

Jitendra Kumar, J.

The present criminal revision petition has been preferred by the petitioner against impugned order dated 14.03.2023, whereby learned Additional Sessions Judge-XII, Nawada passed in Sessions Trial No. 323 of 2023/C.I.S. No. 3285 of 2014, arising out of Warisliganj P.S. Case No. 64 of 2011 has rejected the application.

Factual Background of the Case

2. The application under Section 216 Cr.PC was filed by the prosecution at the stage of final argument when statement of the accused-Ayasha Khatoon was recorded under Section 313 Cr.PC after recording of prosecution evidence. The accused-Ayasha Khatoon, who is O.P. No.2 herein, was facing charge under Section 306 of the Indian Penal Code. However, as per the application of the prosecution, sufficient evidence had come on record in the evidence of P.W.-1, P.W.-5 and P.W.-8 to frame additional charge under Section 302 of the Indian Penal Code. However, the application filed by the prosecution was opposed by the accused submitting that there was no sufficient material to frame additional charge under Section 302 of the Indian Penal Code against the accused. However, after hearing both the parties and perusal of the