Macnair—In Emperor v. Modkya, 1932 AIR(Nag) 73, a Bench of two Judges decided an appeal preferred by the Local Government under the provisions of S. 417, Criminal P.C. Modkya had been tried on a charge of murder and had been acquitted of that charge but convicted of an offence under S. 304, I.P.C. He had appealed to the High Court and his appeal had been dismissed. The learned Judges held that the appeal by the Local Government was incompetent after the appeal preferred by Modkya had been heard and decided by the High Court. In consequence of this decision the learned standing counsel asked that the hearing of the appeal filed by Mohammadi Gul should be adjourned till he could ascertain that the Local Government did not intend to file an appeal against the acquittal of Mohammadi Gul on a graver charge. It was clearly improper to hear and decide the appeal at once if the decision precluded an appeal by the Local Government. At the same time it was clearly undesirable to delay the hearing of the appeal which may result in the acquittal of the appellant for a considerable time. The Local Government cannot well be forced to decide before the last day of limitation whether or no