CHANDU LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was challaned for standing trial under section 409 of the Indian Penal Code (briefly the Code) for embezzlement of an amount of Rs. 34,427.35 during the period from 1 -4 -1970 to 30 -9 -1970. He was tried but convicted and sentenced under section 408 of the Code by the Sub Divisional Judicial Magistrate, Hansi to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 3,000/ - or in default of payment of fine to further undergo rigorous imprisonment for 6 months. Against his conviction he filed Criminal Appeal No. 73 of 1985 for setting aside his conviction and sentence which was heard by Shri B.L. Gulati, Additional Session Judge, Hissar. He also filed Criminal Appeal No. 74 or 1935 Both these appeals were heard by the said learned Additional Sessions Judge. While hearing the appeals. the appellate Court consolidated them and decided them by one judgment. The judgment shows that evidence of one case was taken into consideration for deciding the other case as usually happens when two cases are decided by one judgment.

(2.) THERE is no provision in the Code of Criminal Procedure, 1973 (Act II of 1973) for clubbing two separate appeals and deciding the same by one judgment when there are two separate trials, convictions and sentences in separate charges and also in separate challans.

(3.) THE in matter was considered in Doat Ali alias Sheik Deot Ali Sarkar and others v. King Emperor, AIR 1928 Calcutta 230 by a Division Beach of Calcutta High Court wherein it was held as under