JUDGMENT

BALAKRISHNA ERADI, J.:— Special leave granted.

2. Heard both sides.

3. The five appellants were tried by the Court of Additional Sessions Judge, Delhi on a charge of murder under S. 302 read with S. 34 of the Penal Code. After a very detailed consideration of the evidence adduced in the case, the learned Additional Sessions Judge acquitted the appellants giving them the benefit of doubt. The respondent herein, who is a son of the deceased victim of the murder preferred a criminal revision petition before the High Court of Delhi under Ss. 397/401 Cr. P.C. challenging the order of acquittal passed by the learned Additional Sessions Judge. A learned single Judge of the High Court allowed that revision petition, set aside the acquittal of the appellants and remitted the case to the trial Court for retrial.

4. Aggrieved by the said judgment of the High Court the appellants have come up to this Court with this appeal and the main contention raised by them is that the learned single Judge of the High Court has transgressed the bounds of his revisional jurisdiction in re-appreciating the evidence and setting aside their acquittal.

5. After hearing counsel appearing on both sides we ha