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Nethala Pothuraju And Ors vs State Of Andhra Pradesh on 11 September, 1991

27. However, in the present case, it is not as if the remaining accused were completely acquitted of all the offences. That six of them together formed an unlawful assembly is evident. Unlike, the decision in Nethala Pothuraju v. State of Andhra Pradesh (supra), where there was a clean acquittal of all the remaining accused persons, here there is no such clean acquittal of the remaining accused of all the offences. In that sense, the formation of the unlawful assembly is still proved. It may be that as far as the offence of murder was concerned, only the present Appellants may be guilty thereof. However, the remaining accused along CRLA No.19 of 2004 Page 13 of 23 with the present Appellants still continued to form part of an unlawful assembly i.e., with arms.
Supreme Court of India Cites 10 - Cited by 33 - K Singh - Full Document

Kallu @ Masih & Ors vs State Of Madhya Pradesh on 4 January, 2006

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:
Supreme Court of India Cites 15 - Cited by 201 - Full Document
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