JUDGMENT

FAZAL ALI, J.:—This appeal by special leave is directed against the judgment of the Bombay High Court dated 30th April, 1975 dismissing the appeal filed by the appellant before the High Court in limine. Mr. Bhasme appearing in support of the appeal has raised a short point before us. He contended that the Sessions Judge has disbelieved the fundamental part of the prosecution story because the witnesses examined to prove the charge against the appellant refused to support the prosecution and were declared hostile as having been gained over. The conviction is founded on the single testimony of P. W. Badada, a constable who is alleged to have seen the accused attacking the victim Namdeo with a sword near the Chhaya Talkies. At the outset we would like to observe that there were so many infirmities in the prosecution case that this was not at all a fit case which should have been summarily dismissed by the High Court so as to deprive the appellant of the right of appeal. The case involved arguable points and the evidence itself prima facie was full of contradictions. Hence, the matter undoubtedly required further investigation. It will, however, be futile now to send the case