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Volume No - 5 Issue No - 14
There cannot be a universal rule in laying down the principles of existence of common intention of prior meeting or meetings with prearranged plan. It has to be proved either from the conduct or circumstances of any incriminating facts which is missing in the instant case. The High Court has committed a manifest error in holding the appellants guilty under Section 302 read with Section 34 IPC for participating in the commission of crime. The appellants deserve to be acquitted .