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In Re: Kesava Reddi and anr. - Court Judgment

LegalCrystal Citation
Decided On
Reported in(1940)2MLJ468a
AppellantIn Re: Kesava Reddi and anr.
- .....bail bonds will be.....

Lakshmana Rao, J.

1. The appellants have been convicted under Sections 457 and 395 read with Section 109of the Indian Penal Code and sentenced to rigorous imprisonment for 5 and 3 years respectively.

2. The trial was by jury and the verdict was unanimous. But the conviction is founded on the evidence of the approver and as rightly conceded it is not corroborated in any material particular bearing upon the implication of the first appellant. The only piece of corroboration against the second appellant is the finding of an umbrella in his family house, and the jury was not told that the evidence of an accomplice must be corroborated in some material particular bearing upon the implication of the accused in the crime. The conviction of the appellants cannot therefore be sustained and having regard to the evidence on record a re-trial is not desired. The appellants are therefore acquitted and their bail bonds will be cancelled.

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