BALA KRISHNA NARAYANA,J. - (1.) HEARD learned Counsel for the revisionist and learned A. G. A. This application in revision is directed against the order dated 1.11.2010 passed by the Additional Sessions Judge/Fast Track Court No. 1, Kushinagar by which he has summoned the revisionist for facing trial punishable under sections-147, 148, 149, 452, 302 and 323 I.P.C. in S. T. No. 472 of 2005; State v. Rajesh and others along with other co-accused under section 319 Cr. P.C.
(2.) LEARNED Counsel for the revisionist submitted that although the revisionist was named in first information report but she was exonerated during investigation and charge-sheet was submitted against other co-accused namely, Janardan, Habib, Su-man and Manju. However P.W. 1 Yashwant, first informant and Kismawati Devi P.W. 2 were examined, the prosecu­tion moved an application No. 58-Kha un­der section 319 Cr. P.C. for arraying the revisionist as an additional accused and summoning her to stand trial. Learned Counsel for the revisionist next submitted that the Court below after taking into consideration the evidence of P.W. 1 and P.W. 2 has summoned the revi­sionist under section 319 Cr. P.C. without recording any finding that there was likeli­hood of conviction of the revisionist. The allegation which has come in the evidence of P.W. 1 and P.W. 2 that she had attacked the deceased with Gandasi (axe), although the ante-mortem injury of the deceased did not disclose any incised wound or any in­jury caused by Gandasi (axe) and hence the impugned order cannot be sustained and is liable to be set-aside.
(3.) PER contra, learned A.G.A. sup­ported the impugned order and submitted that the impugned order does not suffer from any illegality, infirmity or perversity warranting any interference by this Court.;