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PETITIONER: AFTAB AHMAD KHAN
Vs.
RESPONDENT: THE STATE OF HYDERABAD.
DATE OF JUDGMENT: 06/05/1954
BENCH: HASAN, GHULAM BENCH: HASAN, GHULAM MUKHERJEA, B.K. BOSE, VIVIAN
CITATION: 1954 AIR 436 1955 SCR 588
ACT: Criminal Procedure Code (Act V of 1898), ss. 233, 235-Scope of s. 233-Law as to joinder of charges-exception there to enacted in s. 235--Joint trial of distinct offences.
HEADNOTE: Section 233 of the Code of Criminal Procedure (Act V of 1898) embodies the general law as to the joinder of charges and lays down a rule that for every distinct offence there should. be a 589 separate charge and every such charge should be tried separately. No doubt the object of section 233 is to save the accused from being embarrassed in his defence if distinct offences are lumped together in one charge or in separate charges and are tried together but the Legislature has engrafted certain exceptions upon this rule contained in sections 234, 235, 236 and 239. Section 235 of the Code of Criminal Procedure provides that if in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for every such offence. The prosecution story showed that the offence of extortion committed on a particular day was one of a series of acts connected with the offen...