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Penal Code (XLV of 1860)---Ss. 302/307/149 etc. read with Criminal Procedure Code (V of 1898), S. 439(4)(a) [Murder case] Revision Contention that Single Judge of High Court while exercising revisional powers went beyond mere vacating of certain findings of fact and recorded clear finding of fact likely to support conversion of finding of "not guilty" into a finding of "guilty" and consequently exceeded his jurisdiction Points discussed by Judge Amply supported by evidence Case also remanded for retrial by Sessions Judge or Additional Sessions Judge other than one whose set aside in revision Judge also directing that trial Court shall not be influenced by any observation made in his order and shall come to its own independent conclusion Fear in mind of peti¬tioners as to impugned having decided facts one way or other, held, without any reasonable ground and observations of Single Judge indicate no conclusive observation having been made with regard to various facts taken into consideration while remanding case for fresh decision. ORDER MIAN BURHANUDDIN KHAN, J. This is a petition against the judgment and order of the Lahore High Court, Rawalpindi Bench dated 17 2 1982 passed in Criminal Revision No. 939 of 1980 whereby the judgment of the Additional Sessions Judge, Rawalpindi dated 29 7 1980 acquitting the accused petitioners in a case under section 302/307/324 read with sections 148 and 149, P. P. C,, was set aside and the case was remanded for retrial. 2. The learned counsel contended that the learned Single Judge of the Lahore High Court while exercising powers under section 439(4)(a) of the Code of Criminal Procedure has gone beyond mere vacating of certain findings of fact and recorded clear findings of fact which may support a conversion of finding of `not guilty' into a finding of `guilty'; that the impugned order is contrary to the principle that power of revision and even appeal is to be exercised in a markedly more restrained manner in a case of acquittal. 3. The facts which are necessary to appreciate the points raised by the learned counsel for the petitioners are that on 14 1 1978 at late afternoon Ghulam Mustafa was coming to his village from the…

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