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NAVIN SINHA, J.

Leave granted.

2. The conviction of respondent no.2, under Section 302/34 IPC, by the Sessions Judge, Sagar, in Sessions Trial No. 369 of 1997, has been reversed by the High Court in appeal, acquitting him. The appellant, brother of the deceased, assails the acquittal.

3. Lokman Khatik, accused no.3, was peeved with the meeting being held for his removal from the post of Mayor.

Accused no.2 took out a revolver from his waist and fired at the deceased while the other two accused provided cover. All the four accused then left the place of occurrence in the ambassador car. The deceased died on the way to the hospital. The plea of alibi by respondent no.2 was disbelieved.

4. Accused no.2 was convicted under Section 302, IPC to Life imprisonment and rigorous imprisonment for one year under Section 25(1)(a) of the Arms Act. He is stated to have served out his sentence. Respondent no.2 and the other accused were convicted to Life imprisonment under Section 302/34 IPC.

14. Though this Court, in exercise of discretionary jurisdiction under Article 136 of the Constitution, may not interfere with an order of acquittal, reversing a conviction, yet if it finds that the High Court has completely erred in appreciation of evidence, has applied the wrong principles to negate common intention, and has based its conclusions on speculative reasoning, beyond the defence of the accused himself, justice will demand that the acquittal is reversed. We, therefore, set aside the order of acquittal passed by the High Court and restore the order of conviction of respondent no.2 under Section 302/34 IPC passed by the Sessions Judge. Respondent no.2 has remained in custody only for 3 years, 10 months and 7 days. He is directed to surrender forthwith for serving out the remaining period of his sentence.