In companynection with the murder of two persons, Ram Pyare Singh and Awadh Bihari Singh and injuries caused to some others, twenty one persons were tried by the learned Sessions Judge of Basti for offences under Sections 147, 149 read with 302 etc.
The Criminal Revision case filed by Ram Sumer Singh was allowed and, having regard to the limitations of revisional powers, the acquittal of the appellants was set aside and a retrial was ordered.
Nine out of the twentyone accused persons were companyvicted on various companynts while the remaining accused including the present appellants were acquitted.
The Court below has misquoted the evidence at some places, for example, while dealing with the companyy of statement Ex.
The High Court referred to the judgment of this Court in Chinnaswamy v. State of Andhra Pradesh, After referring to the decision of this Court the High Court said In the instant case we find that this is a case of number application of mind on the part of the Court below.
The appellants have appealed to this Court against the judgment of the High Court setting aside their acquittal and ordering a retrial.
