JUDGMENT

Grimwood Mears, C.J. - This is an application in revision against an order of acquittal. Although there is no doubt that the High Court has the power to order a re-trial, it is a jurisdiction which should be exercised only in exceptional gases and with caution. It should only be done in cases where the alleged offence is of a serious character. If, however, a Judge comes to the opinion that there has been a miscarriage of justice, where, for instance, the lower Court has misquoted the evidence or where, having evidence before it which prima facie is reasonable and credible, the Judge of that Court gives no grounds whatever for rejecting it. In instances such as that there may well arise an inference either that the Judge has not acted with that propriety and care which is required in the decision of every case, be it civil or be it criminal. In such a case it would appear to be proper, after due examination of the facts, to make an order for re-trial.

2. On the evening of the 25th of September 1920, one Nand Ram, a zamindar, was riding home. On that evening he was greivously assaulted and as a result of that assault was feature in the case is that, whilst he was un-conscious