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Head Note

The Code of Criminal Procedure, 1973  - Section 401 , Section 232

Murder - Retrial Valid - Revision against acquittal - Order of remand for retrial by High Court - Challenge as to by widow of the deceased - Only after examination of one formal witness evidence of prosecution closed and accused respondent was acquitted - High Court upon perusal of the record has come to hold that notices were not served on the witnesses - Order passed by the High Court by no stretch of imagination can be regarded as faulty hence affirmed - Order of the trial Court was replete with glaring defects that had led to miscarriage of justice - Appeal liable to be dismissed.

Topic(s)-Murder - Retrial Valid