STATE OF PUNJAB Vs. SAT PAUL

JUDGEMENT

(1.) SAT Pal a Shop Assistant of Punsup last posted at Dhuri has been acquitted in two criminal cases Nos. 288 & 299 of 1984 for offences under Sections 406, 408 and 477 of the Indian Penal Code, by Sh. S.S. Hundel, Judicial Magistrate I class, Dhuri on 28.9.1985 and aggrieved against it only a single appeal has been attempted by the State of Punjab.

(2.) THERE is a preliminary objection raised on behalf of the accused that there should have been two separate appeals and not a single appeal against acquittal in two different cases pertaining to two different periods was sufficient.

(3.) ON behalf of the accused attention has been invited to Khetra Basi Samal and another v. The State of Orissa etc., AIR 1970 SC 272 and it has been argued that the two cases retain their individuality. The cases were clubbed together for the purpose of trial and it shall not alter the nature of the cases so as to affect their appeal ability. Relying upon this position of law it as been stressed that filing of a single appeal, whereas the cases were two and charge sheets, framed separately, a prejudice has been caused to the accused in as much as he is not aware as to against what part of the charge the State proposed to challenge the finding of the trial Court. The learned counsel for the Sate of Punjab could not meet these objections.