Raj Kishor Behera And Another vs State Of Odisha on 23 August, 2022
In Kallu@ Masih v. State of M.P. (supra), twenty-seven
persons had been sent up for trial. The trial Court acquitted all the
twenty-seven. In the appeal filed by the State, leave was granted
by the High Court only with regard to five, since they had been
specifically named as the persons committing the offence and
causing the injuries to the deceased and others. One of the five got
the benefit of doubt "though his presence as a member of the
group was accepted." As a result, only four were convicted. The
Supreme Court then explained as under: