PARSOTTAM LALJI DODIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This revision application is filed by the petitioner - accused challenging an order passed below Exhibit-57 by the Sessions Judge, Surendranagar dtd. 13/9/2022 in Sessions Case No. 82 of 2019, whereby his application filed under Sec. 220 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") came to be rejected, refusing relief to frame common charge in two different sessions cases and proceed de novo against him.

(2.) The petitioner - accused is alleged to have committed murder of one Bhavikaben as also Suryaben - mother of Bhavikaben, in two different incidents in a time gap of 1 1/2 hours at different places for which two different offences have been registered, one in Joravarnagar Police station, District: Surendranagar and another in Wadhvan Police station by the Police officer concerned in both the cases.

(3.) Mr. Ashish M. Dagli, learned advocate for the petitioner - accused, submitted that after committing murder of Bhavikaben, from whom he had borrowed money and since she was demanding the same and repeatedly taking cudgels with him, the incident, as aforesaid registered at Joravarnagar Police station occurred and in the same transaction, as alleged by the prosecution, according to the submission of learned advocate Mr. Ashish M. Dagli, mother of Bhavikaben was also assaulted and she had succumbed to her injuries instantaneously. Therefore, he has submitted that the accused is common in both the cases, victim being daughter and mother but both were lending money to him, and thereafter demanding the same, and therefore, as alleged by the prosecution, both have been eliminated, it can be termed to have been caused in one series of acts so connected together as to form the same transaction, and therefore, both cases should have been tried as one case.