Research › Browse › Judgment

Madras High Court · body

1927 DIGILAW 60 (MAD)

In Re: Bodipatti Lalamma And Two v. Unknown

1927-02-03

WALLACE

body1927
JUDGMENT 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 case, 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.