KESHAV MAHADEO INGOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Bangde, learned Advocate holding for Mr. Chaudhary, Counsel for the applicant and Mr. Mirza learned Additional Public prosecutor for the respondent.

(2.) CRIMINAL Revision is directed against the judgment and order of conviction dated 30-8-1996, passed by the Judicial Magistrate, First Class, Wani in Regular Criminal Case No. 83 of 1988, whereby the applicant is convicted for the offence punishable under section 409, Indian Penal Code, and sentenced to suffer rigorous imprisonment for one year as well as the judgment and order, dated 6/03/2000, passed by Third Additional Sessions Judge, yavatmal, in Criminal Appeal No. 34 of 1996, whereby the said appeal preferred by the applicant came to be dismissed.

(3.) COUNSEL for the applicant contended that in the instant case the courts below ignored the provisions of section 219 of Criminal Procedure Code, 1973 and framed charges against the applicant accused clubbing more than three offences together alleged to have been committed by the applicant accused within a span of twelve months. It is contended that as per provisions of sub-section (1) of section 219, Criminal Procedure Code, it is permissible to club only three offences committed by the accused of the same kind within a span of twelve months only. However, in the instant case, more than three offences alleged to have been committed by the accused within a span of twelve months have been clubbed, which is impermissible under the provisions of section 219 (1), Criminal Procedure Code, thereby caused grave prejudice to the accused and, therefore, the procedure adopted is unsustainable in law. It is contended that the finding of the lower courts is invalid in law.