Judgment

SHAH, J. :- K. Meerayya, K. Venkatanarayana - respondents in this appeal - and two others were charged before the Judicial Magistrate, IInd Class, Avanigadda, for offences under Sections 323 and 324, Indian Penal Code for voluntarily causing injuries to Seetharamayya and Veeraraghavayya on June 22, 1964. The Trial Magistrate convicted Meerayya and Venkatanarayana - the first under the offence under Section 324 and the second for the offence under Section 323, Indian Penal Code. In appeal to the Court of Session, Krishna Division, at Machilipatnam, the order was confirmed. The High Court, in exercise of its revisional jurisdiction, set aside the order of conviction and sentence. The State of Andhra Pradesh has appealed to this Court, with special leave.

2. The case raises a question of some importance in the administration of justice. The findings recorded by the Trial Magistrate and confirmed by the Sessions Judge were that the respondents had committed assault upon Seetharamayya and Veeraraghavayya and that they could in law be properly convicted. But it was urged that there was a bar against prosecution of the two accused Meerayya and Venkatanarayana because of the "princi