VIJAY KUMAR VYAS,J. - (1.) Heard learned counsels for rival parties and perused the material available on record.
(2.) The petitioner has assailed the judgment dated 4.4.2017 passed by learned Sessions Judge, Jhunjhunu, while hearing Cr. Appeal No.55/2016, whereby learned appellate court quashed and set aside the judgment dated 11.5.2016 with regard to conviction and sentence passed by learned Chief Judicial Magistrate, Jhunjhunu in regular Cr. Case No.48/2010 and remitted back the matter to the trial court with the direction to hear afresh both the parties and decide the same on merits. The petitioner accused was acquitted by the trial court vide order dated 11.5.2016 from charges for offences punishable under Section 498A and 406 I.P.C.
(3.) Section 386, Cr.P.C. is as follows : "386. Power of the Appellate Court. - After perusing such record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor, if he appears, and in case of an appeal under section 377 or section 378, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may - (a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction - (i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or (ii) alter the finding, maintaining the sentence, or (iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same; (c)-------------------------------------------- (d)------------------------------------------------ (e)-----------------------------------------------";