JUDGMENT :

SURENDRA SINGH-I, J.

1. Heard Sri Dr. C.P. Upadhyay, Advocate assisted by Sri Santosh Kumar Mishra, learned counsel for the revisionist and Sri Alok Sharma, learned A.G.A.-I for the State.

2. This criminal revision has been filed challenging the impugned judgment and order dated 19.05.2023 passed by Additional Sessions Judge/ Fast Track Court No. 1, Maharajganj in S.T. No. 48 of 2017 (State vs. Vishambhar Patel and Others) arising out of Case Crime No. 672 of 2016 u/s 304 r/w 34, 506 I.P.C. Police Station-Kotwali, District- Maharajganj.

3. By the impugned order, the trial Court has allowed the application u/s 319 Cr.P.C. filed by opposite party no. 2/informant, Smt. Heera Devi and summoned revisionist/accused, Raju Patel for trial u/s 304 r/w 34, 506 I.P.C.

4. The prosecution case, in brief, is that informant, Smt. Heera Devi w/o late Gyanesh Yadav had submitted a written report on 10.12.2016 at 23.50 hours in Police Station- Kotwali, District- Maharajganj to the effect that she is original resident of village- Kashmariya, Police Station- Chowk, District-Maharajganj. On 10.12.2016, Vishambhar Patel s/o Bansidhar Patel of her village took her husband to Jhunjhunpur crossing. A