- (1.) Delay of 65 days in filing review petition is condoned.
(2.) The petitioner (original Accused No.9) and nine others were tried for having committed offences punishable under Sections 148/302/307/149 of the Indian Penal Code, 1860 ('the IPC', for short) and 9-B(1)(b) of the Explosives Act, 1884. The trial court convicted the petitioner for the offence under Section 302 while other three coaccused were found guilty of offence under Section 326 of the IPC and sentenced to suffer 8 years rigorous imprisonment. Rest of the accused were acquitted of the charges levelled against them.
(3.) Two sets of proceedings were preferred; one by the convicted accused challenging their conviction and the second by the complainant challenging the acquittal of all the other accused. The High Court affirmed the order of acquittal and also acquitted those who were convicted by the trial court. In the appeal against acquittal, this Court found the approach of the High Court to be completely against evidence on record and therefore restored the order passed by the trial court.;