JUDGMENT

Harjit Singh Bedi, J. —

1. The facts leading to this appeal by way of special leave are as under :

Fahim Khan-the appellant, herein alongwith two others Chotna @ Chottu @ Karim Khan and Arsad Hussain @ Arsad @ Arsad Kadri Hussain was put on trial for having committed the murder of Sagir Hasan Siddique. The Trial Court by its judgment dated 15th June, 1991 in Sessions Trial No.122 of 1990 acquitted all the accused holding that the prosecution story had not been proved. The State of Bihar challenged this judgment in the High Court in appeal. The appeal was allowed by a Division Bench by its judgment dated 13th April, 2000 and the matter was remitted to the trial court to pass a fresh judgment on the evidence already adduced by the parties after hearing them denovo. The accused, however, approached this court in Criminal Appeal No.661 of 2001. The order of the High Court was set aside on the 12th May, 2001 and the matter was sent back with a direction that the High Court should itself go into the merits of the case and take a decision thereon. Pursuant to the orders of the Supreme Court, the matter was heard and the High Court, has, by the impugned judgment, set aside the acq