MANJI VECHAR OZAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is the accused in respect of Sessions Case No. 118/93 for the offences punishable under Sections 365, 367, 302 and 201 of the Indian Penal Code, facing his trial before the learned Addl. Sessions Judge, Sabarkantha at Himatnagar. The petitioner was arrested and was brought for investigation at Prantij Police Station in respect of the aforesaid offences of C.R.No. I-41/93 of Prantij Police Station.

(2.) At about 8.45 p.m. on March 2, 1993, the petitioner pretended to go to answer call of nature during the course of the investigation and escaped from the police custody and thereby committed offence under Section 224 of the Indian Penal Code by escaping from custody wherein the petitioner-accused was lawfully detained for the aforesaid offences. The offence of escaping from lawful custody was thus lodged against the petitioner-accused as per C.R. No. I-42/93 of Prantij Police Station.

(3.) The petitioner, by his application Exh. A of the aforesaid Sessions Case No. 118/93 prayed that he may not be charged for the offence under Section 302 of the Indian Penal Code, as there was no evidence on record to show that the deceased had died a homicidal death and that there was nothing on record to show about such homicidal death. The prosecution, by application at Exh. 9 in the said Sessions Case, submitted that a subsequent offence of escaping from the lawful custody under Section 224 of the Indian Penal Code was connected with the main offence of the aforesaid Sessions Case and as such in course of the same transaction. The prosecution, therefore, requested to charge and try both the offences together. The learned Additional Sessions Judge, Sabarkantha at Himatnagar, by his impugned judgment and order dated July 1, 1994, dismissed the aforesaid application Exh. 4 of the petitioner-accused and granted application of the prosecution at Exh. 9 and thereby ordered the joint trial of the offences of the Sessions Case, i.e. the offences under Sections 364, 302 and 201 of the Indian Penal Code with the offence under Section 224 of the Indian Penal Code. The petitioner has challenged the said order of joint trial contending, inter alia, that an order is contrary to the scheme and the scope of Section 220 of the Code of Criminal Procedure.