KHALIL PASHA Vs. ABDUL RASHEED

JUDGEMENT

(1.) Leave granted.

(2.) A distraught brother was before the High Court of Judicature at Bombay with a Criminal Revision Application against the judgment of acquittal passed in a case in which the accused were arrayed for the murder of one Qavi. The order of acquittal was once upset by the High Court but without hearing the accused. An SLP was filed in which, by Annexure P13 the matter was remitted back to the High Court noticing Sec. 401(2) of the Criminal Procedure Code, 1973 (for short, 'Cr.PC) which restricts the revisional power being exercised to the prejudice of the accused, unless there is an opportunity afforded for hearing, either personally or through Counsel; which obviously was not provided since the Advocate engaged had expired.

(3.) On remand, the High Court again by the impugned order remitted the matter to the Additional Sessions Judge to consider afresh the testimony of the eyewitnesses coupled with the recoveries made under Sec. 27 of the Indian Evidence Act, 1872 and the Chemical Analysis Report produced. The finding of the Trial Court refusing to place any credence on the dying declarations were upheld. The accused are before us challenging the order of remit with respect to an incident alleged to have occurred on 14/2/1988.