Penal Code, 1860–Secs. 302 r/w 149 & 147–Conviction–Appellant seeking acquittal on the ground that the accuseds nos. 5 & 6 were acquitted on the base of benefit of the doubt–Presence and overt-act of appellant well proved–Appellant was specifically mentioned in FIR–It is always open for the Court to differentiate the accused who has been acquitted from those who had been convicted–Held, High Court rightly declined to acquit the appellant.
