Sir though it is general rule- follwoing judgment may helpfull
Benefit of, to other accused- When can be extended- Benefit of acquittal of co-accused similarly placed on the same set of evidence and on same accusations- Can be given-UTT- NCC-2008-738, NCC-2010(1)-UTT-87.
Where on same set of evidence co accused has been acquitted the accused is also entitled to be acquitted- NCC-2008-UTT-211-, UTT-NCC-2009-689.
On the same set of evidence- co accused was acquitted by trial court, but appellant was convicted – Held in view of DEEPA RAJAH- AIR-2007-SCW -5740 –SC – conviction not justified- Uttranchal Decisions-Jan-2008- UTT-112, UTT- NCC-2009-425
Benefit to other accused- Extending of- Factors for- Case of other accused being similarly placed to that of acquitted accused on same set of facts as also on similar accusation and on same set of evidence- Benefit thereof can be extended to other accused in the same case- UTT-NCC-2008-849,
Sir in all above judgments SC's case laws has been refferred.
An established principle of law- Acquittal of five co accused out of six accused person- Conviction of only one of them whose case not very different from that of 5 acquitted accused on evidence that all six accused had fired from their guns- Not sustainable- SC-NCC-2008-818.
