BANSI LAL Vs. LAXMAN SINGH

JUDGEMENT

(1.) Special leave granted.

(2.) Heard both sides.

(3.) The five appellants were tried by the Court of Additional Sessions Judge, Delhi on a charge of murder under S. 302 read with S. 34 of the Penal Code. After a very detailed consideration of the evidence adduced in the case, the learned Additional Sessions Judge acquitted the appellants giving them the benefit of doubt. The respondent herein, who is a son of the deceased victim of the murder preferred a criminal revision petition before the High Court of Delhi under Ss. 397/401 Cr. P.C. challenging the order of acquittal passed by the learned Additional Sessions Judge. A learned single Judge of the High Court allowed that revision petition, set aside the acquittal of the appellants and remitted the case to the trial Court for retrial.