JUDGMENT

M.K. Mukherjee, J.-Leave granted.

2. The six appellants before us were arraigned before the Sessions Judge, Morena for rioting and the murder of Baijnath in the night between June 5 & 6, 1983. The trial Judge acquitted them of both the charges; and aggrieved thereby the respondent No. 2, who was the grandfather of the deceased, sent a registered letter to the High Court. That letter was registered as a criminal revision and notice was issued to the appellants. After hearing the parties the High Court allowed the revision petition, set aside the acquittal of the appellants and remanded the matter to the trial Court to pass a fresh judgment after hearing the parties or, if need be, to hold a retrial. The above judgment of the High Court is under challenge in this appeal.

In assailing the judgment of the High Court Mr. Lalit, the learned counsel appearing for the appellants submitted that the High Court exceeded its revisional jurisdiction under Section 401 Cr.P.C. In that it reappraised the entire evidence from its own point of view and reached inferences contrary to those of the trial Court on almost every point, which was legally impermissible. In support of his contention he