JUDGMENT

Cunliffe, J. - We granted this rule on a point of law based upon the principle of autrefois acquit laid down in Section 403, Criminal P. C. The petitioner was originally tried for an offence u/s 283, Penal Code, and sentenced to pay a fine with a term of imprisonment in default of the fine. Section 283 is widely drawn, Section dealing with criminal acts causing danger to property, obstruction or injury to persons in a public highway or in a public line of navigation. After that conviction, the petitioner went up on appeal. On appeal, he was acquitted somewhat technically perhaps on the ground that the place which he had obstructed was not a navigable river as during considerable portions of the year, it consisted of a dry bed and the learned appellate Court Judge relied on a definition of 'navigable river' laid down in the Government Estates Manual. Whether the learned Judge was right in specifically relying upon a definition which I should regard as being rather more executive than judicial I am not prepared to say; but at any rate the petitioner was acquitted. That acquittal took place on 5th December 1934. Subsequently, the authorities returned to the attack, because the