Constitution of India, 1950–Art. 161–Penal Code, 1860–Secs. 302, 148, 326, 325, 324 & 323–Conviction of seven accused–Appeal before High Court–During the pendency of the appeal, three accused filed application u/Art. 161 for granting pardon–Governor allowed the application–Writ petition against the order of Governor–High Court set aside the order of Governor, however, acquitted all three accused–Whether the High Court was justified in passing the impugned order?–Held, before granting the pardon, it was a relevant fact before the Governor that the appeal against conviction was pending before High Court–There is no reference to this fact in the order of Governor–Possibility that relevant facts were not placed before Governor–Held, High Court was quite right in setting aside the order of Governor.
