PETITIONER:

BANSI LAL & ORS.

Vs.

RESPONDENT:

LAXMAN SINGH DATE OF JUDGMENT15/07/1986 BENCH:

ERADI, V. BALAKRISHNA (J)

BENCH:

ERADI, V. BALAKRISHNA (J)

DUTT, M.M. (J)

CITATION:

1986 AIR 1721 1986 SCR (3) 191

1986 SCC (3) 444 JT 1986 49

1986 SCALE (2)2 ACT:

Criminal Procedure Code, 1973-S. 439-High Court-

Revisional Jurisdiction-When entitled to set aside order of acquittal of Trial Court and order re-trial.

HEADNOTE:

The appellants, after trial by the Court of Additional Sessions Judge on a charge of murder under s. 302 read with s. 34 of the Indian Penal Code, were acquitted giving them the benefit of doubt.

The respondent, a son of the deceased victim, preferred a criminal revision petition before the High Court under s. 397/401 Cr.P.C. challenging the order of acquittal. A Single Judge allowed the revision petition, set aside the acquittal of the appellants and remitted the case to the trial Court for re-trial.

The appellants appealed to this Court, inter alia, contending that the Single Judge of the High Court has transgressed the bounds of his revisional jurisdiction in reappreciating the evidence and setting aside their acquittal.

Allowing the appeal, ^

HELD: 1. The High Court has clearly transgr