JUDGMENT :

DINESH PATHAK, J.

1. Heard Sri. Amarnath, learned counsel for the Revisionist, Sri. Yogendra Singh, learned Advocate, holding brief of Shri Yogesh Kumar Vaish, learned counsel for the opposite party nos. 2 to 5, Sri. Nitin Kesarwani, learned A.G.A. for the State on admission and perused the record on board.

2. Instant Revision has been preferred by Manoj Kumar Patel (victim) challenging the order dated 27.10.2020 passed by Additional District and Sessions Judge/Special Judge (E.C. Act), Varanasi, rejecting the application No. 79-Kha, dated 21.10.2020, u/s 311 Cr.P.C. filed by revisionist(herein) in Sessions Trial No. 118 of 2016 (C.N.R. No. UPVR01-000691-2016) (State vs. Vansraaj Patel and Others) arising out of case crime No. 22 of 2016, under Section 307, 352, 727, 326-A of I.P.C. Police Station-Cholapur, District-Varanasi.

3. Factual matrix of the case shows that the informant and his cousin (son of his mother’s sister) Manoj Kumar (revisionist herein) were working in the Madan Textile. On 07.01.2016, duo, after completion of their work, were going to the house of Manoj, situated in Benipur Khurd by their respective motorcycle. At about, 08:45 p.m. while they reached in t