DEEPAK RAJAK vs STATE OF WEST BENGAL

The Supreme Court held that under Section 302 read with Section 34 IPC, the benefit of acquittal of co-accused should be extended to the appellant, as he surrendered after the conviction and had suffered custody for over two years. The Court emphasized that the acquittal of similarly situated co-accused on the same facts warrants reconsideration of the appellant's conviction. Consequently, the appeal was allowed, and the conviction and sentence imposed by the trial court were set aside.