JUDGMENT

Bisheshwar Prasad Singh, J.-Special Leave granted.

2. The appellants herein were tried by the learned Sessions Judge, Dhanbad in Sessions Trial No.193 of 1992 charged of the offence under Sections 302 and 302/114 of the Indian Panel Code. The learned Sessions Judge by judgment and order dated 21st January, 1994 acquitted the appellants of the charges levelled against them, finding that the prosecution had not proved its case beyond reasonable doubt.

3. The appeal preferred by the State against the acquittal of the appellants was dismissed by the High Court by its order dated 22nd November, 1994. No doubt the appeal was dismissed on the ground of limitation.

4. A revision was preferred by the informant to the High Court under Section 401 of the Code of Criminal Procedure which has been allowed by the impugned judgment and order dated 6th June, 2001 in Criminal Revision No. 48 of 1994. The judgment of acquittal was set aside and the case was remitted to the Sessions Judge for re-trial in accordance with law.

5. From the evidence on record it appears that an occurrence took place on 20th July, 1989 at about 4.00 p.m. The informant and appellant No. 1 entered into an altercati