GOPAL SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed by the petitioners under Section 401 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) challenging order dated 9.7.2011 passed by the Appellate Court, whereby the case was remitted back to the trial Court for a fresh decision. Learned counsel for the petitioners has submitted that the Appellate Court had erred in remanding the trial back to the trial Court as the examination of the doctor was not essential for the just decision of the case. In fact, the trial Court had found that the petitioners were not present at the spot.

(2.) LEARNED State counsel and learned counsel for respondent No. 2, on the other hand, have opposed the petition.