1. MUHAMMAD YAQUB ALI, J.-Four persons, namely, Ismail, Muhammad Ali, Mohammad Hussain and Nawab were put up for trial in the Court of Additional Sessions Judge, Sheikhupura, under sections 542, 302 and 307, P. P.-C., read with section 34, P. P. C. Part of the evidence was recorded by Mr. Amir Akbar Khan, Additional Sessions Judge, Sheikhupura, and rest by his successor Mr. Ahsanul Haq Sethi. As a result of the trial Ismail and Mohammad Hussain were convicted and sentenced to death while Nawab and Mohammad Ali, respondents, were acquitted. On appeal by the condemned-prisoners and reference under sec--tion 372, Cr. P. C., a Division Bench of the High Court set aside their convictions on the finding that the trial was bad in law as evidence was partly recorded by one Additional Sessions Judge and partly by his successor. Consequent upon it the case was remanded to the Additional Sessions Judge, Sheikhupura, for retrial.
2. During the fresh trial Qazi Muhammad Dastgir, Additional Sessions Judge, deleted the names of Nawab and Mohammad Ali from the list of accused persons, in view of their earlier acquittal. The petitioner felt aggrieved thereby and filed a revision petition in the High Court, pleading that since the trial was set aside as a whole the acquittal of Nawab and Mohammad Ali, respondents, was also set aside and they should be retried along with Ismail and Mohammad Hussain. The petition was rejected following the principle of autrefois acquit embodied in section 403, Cr. P. C.
3. Mr. Muhammad Ismail, appearing in support of the petition for leave to appeal, from the order of the High Court, was unable to cite any decided case in support of his contention that as the earlier trial was set aside by the High Court the acquittal of the respondents who were not even party to these proceeding also stood quashed. Neither the State nor the petitioner had moved the High Court against their acquittal. The respondent could not therefore, be retried on the same charges after the order of the acquittal had become final.
4. The High Court has in our view rightly declined to call in question at this stage the acquittal of the respondents. The peti--tion for leave to appeal is dismissed.