UMAMAHESWARAM, J.

( 1 ). THIS petition comes on for hearing before us as a result of the reference made by one of us (Chandrasekhara Sastri, J.) sitting with Jaganmohan reddi, J. This petition is filed by the Public Prosecutor Andhra Pradesh, under Article 225 of the Constitution and section 561-A of the Code of Criminal procedure, to declare that the Judgment of our learned brother, Mr. Justice Sanjeeva row Nayudu, dated 6th July, 1959, in Criminal Appeal No. 14 of 1959 and Criminal revision Case No. 682 of 1958 is without jurisdiction void and of no legal effect and to quash the same.

( 2 ) THE circumstances under which the application was filed are as follows :- the respondent, Devireddi Nagi Reddi was tried by the Sessions Judge of cuddapah in Sessions Case No. 43 of 1958 on a charge under section 302 of the indian Penal Code for having caused the death of one Subbi Reddi. The learned sessions Judge convicted him under section 326 of the Indian Penal Code and sentenced him to two years rigorous imprisonment. The accused thereupon preferred criminal Appeal No. 14 of 1959 to this Court. As against the order of implied acquittal on the charge of murder there was no appeal to this