STATE Vs. KALU GIRDHARI

JUDGEMENT

(1.) THIS reference to the Full Bench arises from a Government appeal filed under Section 417 of the Criminal Procedure Code against an order of the Sessions Judge, Dhar, acquitting the respondents of the charges under Sections 304, 392 and 302, Indian Penal Code. The respondents were convicted under Section 304, part 2 and an appeal filed by them against their conviction was dismissed by a Division Bench of this Court on 5. 12. 1949. Rege J. delivering the judgment of the Division Bench concluded his judgment in para 11 in the following words:

(2.) THE Government Advocate then filed an appeal on 21. 12. 49 against the order of the Sessions Judge, Dhar, acquitting the respondents of the offences under Sections 394, 392 and 302 as stated above.

(3.) AN objection was raised by Mr. Sanghi, learned Counsel for the respondents, that in view of the decision of the Division Bench dismissing the appeal of the respondents against, their conviction, the Government appeal against the order of acquittal is not competent. Whether it is competent or not is a question referred to this Full Bench.