IN RE: MURUGESAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the conviction of the Appellant for offences under Section 4(i)(j) of the Madras Prohibition Act and S. 325 Indian Penal Code. He was sentenced to pay a fine of Rs. 50 and to undergo rigorous imprisonment for eight months. No separate sentence was awarded against him for the offence under Section 4(i)(j). The Appellant was on bail and when he was examined under Section 251 -A (ii), Criminal Procedure Code, he admitted having committed both the offences. The learned trial Magistrate has followed the procedure by framing a charge under Sub -section (iii) of S. 251 -A and the Appellant pleaded guilty to the charges framed by the trial Magistrate for offences under Section 325. I. P. C. and S. 4(i)(j) of the Madras Prohibition Act, Undoubtedly, the framing of the two charges is vitiated by illegality, namely, misjoinder of parties. The offence under Section 4(i)(j) of the Madras Prohibition Act is a distinct offence. The injury inflicted by the Appellant on Arumugham is quite a distract act of the Appellant. S. 235(1) Code of Criminal Procedure contemplates "one series of acts so connected together as to form the same transaction ". I am unable to see how the consumption of liquor by the Appellant -an offence under Section 4(i)(j) of the Madras Prohibition Act -can be so connected with the offence of assaulting Arumugham as to form the same transaction. In my view, they do not constitute the same transaction. Therefore, the offence under Section 4(i)(j) is quashed following the reasoning found in the judgment reported in Chacko v. State of Kerala (1). Regarding the conviction of the Appellant for the offence under Section 325, I. P. C., his plea of guilt admits of no interference.

(2.) INASMUCH as it is pleaded that the Appellant is a first offender, the sentence is reduced to the period of imprisonment already undergone by him. Save for the modification in the sentence and for the acquittal of the Appellant for the offence under Section 4(i)(j) of the Madras Prohibition Act, the criminal appeal is dismissed. The fine imposed on him is also set aside.