In Re: Bodipatti Lalamma And Two … vs Unknown on 3 February, 1927

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.