r/mEMBERS
six persons were tried in trial court,one was convicted us 302 ipc and rest were acquitted ,later on Highcourt convicted all six accused persons uss 302 read with 149 ipc,one accused who was held guilty by trial court and highcourt preffered a SL:P Crl before Supreme Court which was dismissed at admission stage.Other five persons also preferred an crl appeal under enlargement of supreme court jurisdiction (As a matter of right bcoz they were acquitted by trial court and were held guilty by highcourt.Now this crl appeal is pending in supreme court and arguments are going on,appellant counsel as well as court also intends to decide case of the accused whose SLP was dismissed earlier ,with this pending appeal,in other words we wants to reopen the case of the accused whose SLP was dismissed earlier,because if court acquit all these five accused than there is a legal problem that conviction of the alone accused whose SLP was dismissed earlier us 302/149 ipc is not sustainable.Kindly suggest any provision or citation for reopening the case of the accused whose SLP was dismissed earlier .Thanks
