Supreme Court of India
Manoj Giri v. State of Chhatisgarh
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From the headnote
Penal Code, 1860 - ss.396 & 376(2)(g) - Dacoity with murder and gang rape - Five accused - Conviction of accused-appellant - Challenged - Held: No merit in the contention that conviction of appellant was unjustified in view of acquittal of the other four accused - It cannot be said that conviction for dacoity with murder can be maintained only when five or more persons are convicted - Evidence against the four co-accused was not sufficient to convict them - If properly convicted each one of them were liable to be punished with death uls.396 /PC- Since that did not happen, conviction of five
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