Skip to content


Emperor Vs. Mata Prasad - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1908)ILR30All351
AppellantEmperor
RespondentMata Prasad
Excerpt:
criminal procedure code, sections 234, 235 - charge--misjoinder of charges--illegality. - .....separate acts of criminal misappropriation committed within one year. he was also charged with having committed two separate offences of forgery. all these five offences were tried together at one and the same trial. the joint trial of these five offences cannot be supported by any provision contained in the code of criminal procedure. the series of acts charged do not form the same transaction.2. we therefore set aside the conviction and order new trials on charges framed in accordance with law. the three acts of criminal misappropriation may form the subject of one trial. evidence of forgeries may be given in support of the charges of misappropriation. if it is desired to try the accused for the forgeries that must form the subject of a separate trial.
Judgment:

George Knox and Aikman, JJ.

1. We think that the first plea taken in the petition of appeal must be sustained. The appellant was charged with three separate acts of criminal misappropriation committed within one year. He was also charged with having committed two separate offences of forgery. All these five offences were tried together at one and the same trial. The joint trial of these five offences cannot be supported by any provision contained in the Code of Criminal Procedure. The series of acts charged do not form the same transaction.

2. We therefore set aside the conviction and order new trials on charges framed in accordance with law. The three acts of criminal misappropriation may form the subject of one trial. Evidence of forgeries may be given in support of the charges of misappropriation. If it is desired to try the accused for the forgeries that must form the subject of a separate trial.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //