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Volume No - 10 Issue No - 14
Mere fact that the High Court has a different opinion will not be sufficient to enable the High Court to set aside the order of acquittal. Consequently, we find that the order of the High Court convicting the appellants is wholly illegal, unwarranted and unjust. The conviction of the appellants for the offences punishable under Section 302 read with Section 34 IPC and Sections 25 and 27 of the Act is set aside. Accused acquitted.