KOCHADIMA ABDUL SALAM Vs. MUHAMMED KUNJU BASHEER

JUDGEMENT

(1.) The petitioner in the Criminal Revision petition is the appellant in the Criminal Appeal. He is PW 1 in Sessions Case No. 3 of 1979 on the file of the Assistant Sessions Judge, Attingal, from which the Criminal Revision Petition arises. Sessions Case No. 3 of 1979 arises out of a case charge sheeted by the Sub Inspector of Police, Varkala, against 7 accused persons for offences punishable under S.143, 147, 148, 149, 324 and 323 IPC. The accused persons in this case are the same as those in Sessions case No. 2 of 1979 which originated upon a private complaint preferred by PW 1 the petitioner. The incident in respect of both the Sessions case is identical except with regard to the offence punishable under S.395 and 427 which are not included in the case S.C. 3 of 1979. The court below acquitted the accused. It might be noted that along with S. C. No. 3 of 1979, Sessions Case 5 of 1979 was also tried which was a counter case to S.C. 3 of 1979, In all these cases, the accused were acquitted by the Assistant Session Judge,

(2.) What is contended by Mr. N. Mohandas, learned counsel for the appellant petitioner is that non clubbing of the cases by the Magistrate himself before the committal has prejudiced the private complainant, namely PW 1. S.210 of the Code of Criminal Procedure reads as follows:

(3.) It might also be noted that under S.300 of the Criminal Procedure Code, a person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall while such conviction or acquittal remains in force is not liable to be tried again for the same offence, not on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-s.(1) of S.221, or for which he might have been convicted under sub-s.(2) thereof. If there has been no proper charge sheeting by the police or the relevant charges are not given in the private complaint, the concerned party should not suffer. That is also an object for clubbing together both the cases.