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1978 Supreme(SC) 203

D.A.DESAI, P.N.SHINGHAL
Muthu Naigker – Appellant
Versus
State Of T. N. – Respondent


JUDGMENT

DESAI, J.:— These three appeals arise out of the judgment rendered by a Division Bench of the High Court of Madras in Criminal Appeal No. 295 of 1970 convicting 27 appellants for different offences who were acquitted of all charges levelled against them by the learned Sessions Judge, Chingleput Division in Sessions Case No. 25 of 1969 in which 28 persons were put up for trial for various offences including the one under S. 302 read with S. 34, I.P.C. against accused Nos. 1 to 10, 16, 17, 19 and 20, and under S. 302 read with S. 149, I.P.C. against rest of the accused and 3 other charges for specific offences under Ss. 323, 324, 325 read with S. 149 and S. 427 read with S. 34, I.P.C. The learned Sessions judge entertained a reasonable doubt about the veracity of the prosecution evidence and giving benefit of doubt, rejected the prosecution case in its entirety and acquitted all the accused. The State of Tamil Nadu preferred an appeal to the High Court of Madras against original accused Nos. 1 to 27. No appeal was preferred against the acquittal of original accused No. 28 and it has become final. The High Court practically accepted the entire prosecution case and convicted a





























































































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