Acquittal of some of the accused

Prosecution, along with appellants had implicated two other persons in the case who were assigned role of active participation in the crime

One of the accused persons was saddled with accusation of inflicting firearm injury on the elbow of deceased, whereas the other was ascribed a firearm injury to the injured witness

Said accused persons were acquitted by the Trial Court and no appeal was filed against such decision

Safe conclusion could be drawn from the acquittal of accused persons that the deposition of both the witnesses was not found to be credible by the court and they were disbelieved

High Court acquitted the appellants of the charge, in circumstances and set aside their convictions and sentences.

Mere acquittal of some of the accused statedly involved in the commission of crime by the Trial Court by extending benefit of doubt to them, would not demolish the case of the prosecution as a whole against the remaining accused, as the legal maxim "falsus in uno falsus in omnibus" would have no application in such circumstances

Illustration. [Minority View]