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Sheo Sahai Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1919All376(1); 53Ind.Cas.158
AppellantSheo Sahai
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 117 (4) - joint enquiry, whether permissible--prejudice to accused. - .....the learned advocate for the petitioner complains that his client has been tried jointly with one attal singh; that legally no case has been made out under section 117, clause 4, of the code of criminal procedure justifying such joint trial; as it has not been shown that attal singh and the petitioner have been associated together in the matter under enquiry. it is further argued that even if on a strictly technical interpretation of the section the joint trial was legal, nevertheless the applicant has been greatly prejudiced in consequence of the evidence of five witnesses who gave evidence against attal singh alone. it is quite true, as mr. satya chandra mukerji remarks that in oases of joint enquiry there is danger of one accused being prejudiced through the evidence against another.....
Judgment:

Wallach, J.

1. This is an application by one Sbeo Sahai for revision of an order of a Magistrate of the first class binding him over under Section 110 of the Code of Criminal Procedure. The order was upheld in appeal by the District Magistrate of Fatehpur. The learned Advocate for the petitioner complains that his client has been tried jointly with one Attal Singh; that legally no case has been made out under Section 117, Clause 4, of the Code of Criminal Procedure justifying such joint trial; as it has not been shown that Attal Singh and the petitioner have been associated together in the matter under enquiry. It is further argued that even if on a strictly technical interpretation of the Section the joint trial was legal, nevertheless the applicant has been greatly prejudiced in consequence of the evidence of five witnesses who gave evidence against Attal Singh alone. It is quite true, as Mr. Satya Chandra Mukerji remarks that in oases of joint enquiry there is danger of one accused being prejudiced through the evidence against another accused, which does not directly affect him, being on the record. The law, however, does allow joint trial under Section 117, Clause 4, of the Code of Criminal Procedure, and I am not prepared to say that the trial Court and the District Magistrate were wrong in their appreciation of the evidence before them. I, therefore, dismiss this application.


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