JUDGMENT

Y.K. Sabharwal, J.

The appellants were tried for an offence under Section 302/34 of Indian Penal Code for commission of murder of one Rameshwar Yadav. The court of sessions held that the prosecution has failed to prove charge levelled against them beyond reasonable doubt and thus acquitted all of them. The judgment and order of acquittal was challenged by the informant in a revision petition. The High Court by the impugned judgment, setting aside the judgment and order of acquittal in favour of the appellants, has remitted the case for its retrial by court of sessions in accordance with law directing the court to decide the matter on the basis of evidence and material already on record and not allow parties to adduce further evidence.

2. Mr. P.S. Mishra, learned counsel for the appellants submits that the trial court had given cogent reasons and on due appreciation of evidence directed the acquittal of the accused and the impugned judgment of the High Court clearly amounts to reappreciation of evidence which is not permissible in the exercise of revisional jurisdiction. Learned counsel has taken us through the judgment and order of the trial court to buttress his submission t