LAWS(APH)-1958-4-42

I.K. MOSES AND OTHERS Vs. THE STATE

Decided On April 18, 1958
I.K. Moses And Others Appellant
V/S
THE STATE Respondents

JUDGEMENT

(1.) A-1 to A-4 and A-7 to A-14 are the petitioners.

(2.) They have been convicted of an offence under Section 147 I. P. C. and each of them has been sentenced to three months' rigorous imprisonment.

(3.) In a case like this where a number of accused are involved and the charge is one of rioting and the main issue is one of identification, the appellate court should analyse the evidence against each accused and consider his case in the light of the points made by the defence. If that is not done, grave injustice is likely to occur because an accused who has not been properly identified, might be convicted on no evidence or on evidence which the - trial court had discarded.