Judgement

HIDAYATULLAH J. :- This is an appeal against the judgment, July 17, 1963, of a learned single Judge of the High Court at Patna setting aside the acquittal of the appellant ordered by the 1st Additional Sessions Judge, Gaya and directing his retrial.

2. The only question in this appeal is whether the High Court in exercising its revisional powers under Section 439 of the Code of Criminal Procedure acted in accordance with the principles settled by this Court for interference with acquittal by way of revision filed by a private party. To apply those principles certain facts may first be stated.

3. The appellant was tried on three charges levelled against him; first was under Section 302 of the Indian Penal Code for intentionally causing the death of one Kuldip Singh with a firearm on December 18, 1961 in village Gajra Chatar; the second was attempt to murder Kuldip Singh s companion Sarju Singh by shooting at him with the same weapon: and the third was the unlawful possession of the weapon (a revolver) which is an offence under the Arms Act. It appears that there was some ill-feeling between the appellant and Kuldip Singh, not directly but because the appellant, who is a lawye