(1.) The challenge in this revision is made to the order dtd. 25/11/2024, passed in Sessions Trial No.16 of 2024, State vs. Rubina Alvi and others, by the court of First Additional District Judge, Kashipur, District Udham Singh Nagar ("the case"). By it, an application filed by the prosecution under Sec. 311 of the Code of Criminal Procedure, 1973 ("the Code") has been allowed and the witness, who is not shown as a witness in the charge-sheet has been summoned.
(2.) Heard learned counsel for the parties and perused the record.
(3.) The case is pending against the revisionist under Ss. 302, 201, 120-B, 341, 506 IPC. According to the prosecution case, the wife of the deceased had extramarital relations with the revisionist, therefore, the deceased was killed in his own house by strangulation after administrating him the sleeping pills. It is the further case of the prosecution that the sleeping pills were provided by the revisionist to the wife of the deceased.