Supreme Court of India
Uma Shankar Gautam v. State of Madhya Pradesh
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From the headnote
Penal Code, 1860 - s.147 and 3021149 - Prosecution under - Of six accused - Conviction by trial court - High Court confirmed conviction of 3 accused, acquitted 2 accused and case against one accused stood abated - Appeal by accused No. 1 - Plea of acquittal on parity with the acquitted accused - Held: It is always open to the court. to distinguish the case of acquitted accused with the convicted ones ~ High Court rightly declined to acquit accused No. 1 on the principle of parity. Dismissing the appeal, the Court HELD: 1. The High Court has given benefit of doubt by acquitting accused Nos. 5
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