JUDGMENT :

1. Heard learned counsel for the revisionist learned AGA for the State and learned counsel for opposite party no.2.

2. This criminal revision has been filed against the order dated 23.12.2021 passed by Additional Sessions Judge Court no.3 Ballia in S.T. No.297 of 2017 (State vs. Gulab Gond) crime no.745 of 2017, U/s 307, 34 IPC, P.S. Ubhaon, District Ballia. By the impugned order, the learned court below on an application of prosecution in exercise of powers U/s 319 Cr.P.C. has summoned the revisionist accused to face trial.

3. With regard to incident dated 17.06.2017 at about 9:00 pm, an FIR was lodged by first informant Preetam on the same date at 20:30 O'clock alleging therein that the complainant is resident of village Jam Basnai P.S. Rasra, District Ballia. He had come at his nanihal village Babhnauli in connection with marriage of his maternal uncle Sunil to be held on 18.06.2017. Today on 17.06.2017 at about 9:00 pm, he with his maternal uncle Sonu alias Rohit was going on a motorcycle. When they reached near the Pt. Deen Dayal Upadhyaya Inter-college, and was talking with a vendor then a motorcycle on which three persons were riding came from the side of Shahpur Afg