S.K. Chawla, J.

1. This is a revision by an accused directed against an order of his re-trial.

2. The applicant/accused Babu Singh was convicted by J.M.F.C., Bhind of the offence under Section 325, Indian Penal Code on the finding that he had on 17-11-1982 at about 9 A.M. caused injury to the nose of one Chotelal (P.W.1), which was a grievous injury. The sentence inflicted was a fine of Rs. 1,000/- in default, simple imprisonment for 6 months. It was further directed that Rs. 500/- out of the fine, if recovered, shall be paid to Chotelal as compensation. Aggrieved by that Judgment, the accused filed an appeal in Court of Session, Bhind. Shri R.P. Dubey, IInd Addl. Sessions Judge, Bhind, who heard the appeal, by Judgment dated 4-10-1990, set aside the conviction and sentence of the accused under Section 325, Indian Penal Code but remanded the case to the trial Court for re-trial for an offence under Section 326, Indian Penal Code. It was directed that after the framing of charge under Section 326, Indian Penal Code against the accused, both the parties shall be given opportunity to adduce evidence again and thereafter the case shall be decided afresh by the trial Court on merits.