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Mania Munda vs The State Of Assam on 4 June, 2019

[J] no. 53/2016 [Mania Munda vs. State of Assam]. The appellant herein has preferred the present criminal appeal separately assailing the same Judgment and Order 11.12.2019 of the Trial Court. The co-accused person has been acquitted by the Judgment and Order dated 11.12.2019. It is settled that a Judgment of a coordinate bench of equal strength is to be respected, meaning thereby, a coordinate bench of the same Court is not to embark on an exercise of re- appreciation of the evidence in respect of the acquitted co-accused person, like an appellate court to find out as to whether the co-accused person has been Page No.# 47/53 wrongly acquitted by the coordinate bench of equal strength, more particularly, when such order of acquittal of the co-accused person passed by the coordinate bench of equal strength has not been taken to appeal and the coordinate bench of equal strength on appreciation of the evidence has acquitted the co-accused person. Yet at the same time, we are tasked to appreciate the evidence on record to find out, notwithstanding the acquittal of the co-accused person, whether on the same set of evidence the case of the appellant stands on similar footing or on a different footing.
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