SANKAR PROSAD BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) CRIMINAL Revision Cases Nos. 1085 of 1970. 1086 of 1970 and 1087 of 1970 are taken up together for hearing. In all the three cases the petitioners and opposite parties are identical.

(2.) BY three separate orders all dated 19.11.70 passed by Sri S.K. Acharva Magistrate, first class. Suri in G.R. Cases Nos. 1130 of 1968. 1131 of 1968 and 1132 of 1968. petitioners Nos. 1 to 7 and the opposite parties Nos. 2 to 31 in the three Rules were committed to the Court of Session to stand their trial under Sections 147 and 302. I.P.C. in three separate cases.

(3.) MR . Ghosh, appearing on behalf of the petitioners in all the three Rules, has submitted that all the three murders were committed in the course of the same transaction. Although three different first information reports were lodged the investigation was one in all the three cases and documents supplied to the accused persons under Section 173 Cr.P.C. in all the three cases were identical. Even the orders of commitment in all the three cases are identical. According to Mr. Ghosh as the incident out of which the three cases arose were out of the same transaction, it is fit and proper and in the interests of justice and in order to avoid prejudice to the accused persons, all the three cases should be tried together. The learned Counsel, appearing on behalf of the State in these Rules, have also supported Mr. Ghosh's arguments.