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In Re: Bodipatti Lalamma and Two ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1928)54MLJ709
AppellantIn Re: Bodipatti Lalamma and Two ors.
Excerpt:
- wallace, j.1. in a case where the president of the bench is in a minority as to conviction or acquittal, the judgment should be written by some member of the majority. otherwise, as in the present case, we have a conviction based on an acquitting judgment, and we are left without any reasons for conviction which, under the provisions of the criminal procedure code, the bench is bound to set out. the judgment does not conform to the law and the conviction cannot be upheld. it is hereby set aside. the fines, if paid, should be refunded.2. it is not a case for ordering retrial.
Judgment:

Wallace, J.

1. In a case where the President of the Bench is in a minority as to conviction or acquittal, the judgment should be written by some member of the majority. Otherwise, as in the present case, we have a conviction based on an acquitting judgment, and we are left without any reasons for conviction which, under the provisions of the Criminal Procedure Code, the Bench is bound to set out. The judgment does not conform to the law and the conviction cannot be upheld. It is hereby set aside. The fines, if paid, should be refunded.

2. It is not a case for ordering retrial.


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