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1981 Supreme(SC) 75

SUPREME COURT OF INDIA
O.Chinnappa Reddy : M.Fazal Ali Syed
Bansi Lal
Versus
State Of M.P.
Case No. : 104 of 1981
Date of Decision : 2/10/81

Headnote:Practice (Criminal)-some accused acquitted ill their appeal-case of others exactly the same-appeal should be allowed.

(1) IT appears that in the same case in respect of two other accused this court acquitted those accused persons by an Order dated 3/10/1980 in Criminal Appeal No. 35 of 1976. On perusal of the Judgment reffered to above we are satisfied that the case against the appellant as against the accused acquitted by this court is exactly the same and this court rejected the case of the prosecution in its entirety. There is thus no legal evidence to support the conviction. The appeal is accordingly allowed and the appellant acquitted. The appellant will be set at liberty forthwith and if he is on bail he will be discharged from bail.

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