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(Boddipati) Lalamma and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1928Mad197
Appellant(Boddipati) Lalamma and ors.
RespondentEmperor
Excerpt:
- orderwallace, 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 ease, 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:
ORDER

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 ease, 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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