VISHNUDEO KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) On a perusal of the judgments of the learned Sessions Judge and the High court and the evidence in the case, we find it difficult to sustain the conviction of the appellant. There is no legal evidence which can possibly incriminate the appellant. The evidence consists of the statement of the co-accused, which has also been retracted and which cannot therefore, be the basis for conviction. The evidence relating to recovery of cash and gold mohars from the house of the appellant is noi the subject matter of the charge of which he has been convicted and is no evidence in regard to the charge of which he has been convicted. The money and gold mohars recovered from the accused will be returned to him. The appeal is allowed accordingly.