High CourtsDivision Bench

In Re: Bodipatti Lalamma and Others

Madras High Court · Decided on 3 February 1927 · Citation: (1928) ILR (Mad) 338 : (1928) 27 LW 239 : (1928) 54 MLJ 709

HON’BLE JUDGES
Wallace, J
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Judgment

5 paragraphs · 105 words

Wallace, J.—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.