JUDGMENT :

1. Heard Mr. Vikas Sharma, learned counsel for revisionist, learned counsel for the State-respondents and perused the record.

2. This criminal revision has been filed challenging order dated 13.05.2022, passed by learned court of Additional District and Sessions Judge, Bulandshahar, in Sessions Trial No.660 of 2020 ( State Vs. Hemant ), under Section 302 IPC, Police Station-Araniya, District Bulandshahar, arising out of Case Crime No.313 of 2019, whereby application under Section 319 Cr.P.C., filed by first informant/opposite party-2 Raj Kumar has been allowed. Consequently, applicant has been summoned to face trial in above mentioned case.

3. From perusal of the records, it is evident that in respect of an incident, first informant/opposite party-2 Raj Kumar lodged a F.I.R. dated 21.12.2019, which was registered as under section 302 IPC, Police Station-Araniya, District Bulandshahar, arising out of Case Crime No.313 of 2019. In the aforesaid F.I.R., as many as three named persons namely, Hemant, Mahendra Singh, Lalit and two unknown persons have been nominated.

4. In brief prosecution story as unfolded in F.I.R dated 21.12.2019, alleging therein that 1-1/2 years ago, co-accused, Hemant borrowed Rs.6,50,000/-from the informant’s uncle namely, Gyanendra Pratap Singh and despite several requests made by Gyanendra Singh, he did not return the aforesaid amount. Due to this, co-accused-Hemant feeling enmity with Gyanendra Pratap Singh, on 21.12.2019 at about 09:24 a.m., he called him by his mobile-phone bearing No.9311444194 near Dashahara Mobile Tower and when his uncle Gyanendra Pratap Singh along with one Laxmi Raj and Sateyendra Pratap Singh reached to the Bridge, then co-accused-persons namely, Hemant (revisionist), Lalit and two unknown persons started firing by using the pistol and revolver at Gyanendra Pratap Singh, as a result, he seriously injured and during treatment in the hospital, he died.

5. During the course of investigation, Investigating Officer examined first informant and other witnesses, who have supported the prosecution story, as unfolded in F.I.R. On the basis of above, as well as other material collected by Investigating Officer, during course of investigation, Investigating Officer opined to submit a charge sheet. Accordingly, Investigating Officer submitted charge sheet dated 15.03.2020, whereby one named accused namely, Hemant (revisionist) has been charge sheeted under Section 302 IPC and Section 30 of ARMS ACT , 1959, whereas other co-accused, namely, Mahendra Singh Chauhan s/o Dalbir Singh, Lokendra Singh @ Lalit s/o Sarjeet Singh have been exonerated. Perusal of charge sheet further goes to show that as many as 34 prosecution witnesses have been nominated therein.

6. After submission of above mentioned charge sheet, cognizance was taken upon the same by the concerned Magistrate. Since offence complained was triable by Court of Sessions, accordingly, concerned Magistrate, committed the case to the Court of Sessions. Resultantly, Sessions Trial No.660 of 2020 ( State Vs. Hemant ), came to be registered.

7. Trial commenced. Charges were framed against charge sheeted accused who denied the same. Consequently, burden fell upon prosecution to establish the charges so framed by leading evidence.

8. In discharge of aforesaid burden, prosecution adduced first informant (Raj Kumar) and was examined as P.W. 1. His statements were recorded. Thereafter, first informant/opposite party-2, who is also P.W.1, filed an application dated 19.04.2022,