RAGHUNATH SOPANA KARKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present Application has been filed by the Applicants, being aggrieved by the order dated 1st March, 1993 passed by the Additional Sessions Judge, Pune in Sessions Case No. 484 of 1990.

(2.) THE grievance of the Applicants appears to be that offences in C. R. No. 7 of 1990 and C. R. No. 8 of 1990 were not connected with each other and were not committed in the course of the same transaction. THE learned Additional Sessions Judge, Pune, however, by her order dated 1st March, 1993 held that the accused in both the C. R. numbers were common, the two incidents with respect to which the two C. Rs. were filed, were committed in the course of the same transaction, and that, the alleged intention of the accused was same in both these cases and that, they appear to be in connection with one another, and therefore, since prosecution was likely to lead common evidence, it was necessary to hear both the C. R. Numbers in one trial. THE learned Additional Sessions Judge held that no injustice would be caused to the accused in C. R. No. 8 of 1990, as they were also made accused in C. R. No. 7 of 1990. Observing thus, the application of the prosecution, praying for clubbing both the cases together, and for hearing them in one and at the same trial was allowed by the Additional Sessions Judge, Pune.