Yusuf was tried by the Court of Session in Aurangabad and convicted of culpable homicide not amounting…

Section 337(1) of the BNSS bars a second trial for the same offence, or on the same facts for any other offence for which a different charge might have been made under section 244(1), while the earlier conviction or acquittal stands. So "The second trial is barred while the conviction remains in force"; Illustration (c) to section 337 makes the same point. The State Government's consent under section 337(2) applies only to a distinct offence that could have been separately charged, and the gravity of the new charge or fresh evidence does not lift the bar.