SIA SARAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This matter has been referred to Division Bench.

(2.) With regard to an occurrence which took place in village Rupaspur Chandwa, Police Station Dhamdaha, district Purnea on the 22nd November, 1971, quite a large number of persons have been put on trial. However, owing to the fact that all the accused persons did not surrender together, separate trials have been started in respect of some of the accused persons. in respect of 55 persons, there was commitment proceeding in terms of Chapter XVIII of the Code of Criminal Procedure, 1898 and on being committed to be tried by the court of Sessions, the case number of that trial in the Sessions Court is Sessions Trial No. 47 of 1973. In respect of the persons who subsequently surrendered, the cases against them were instituted in the year 1975 and regarding one in the year 1970. There are four sessions trial cases pertaining to the year 1975 and one pertaining to the year 1976. Criminal Procedure Code 1973 (Act 2 of 1974) having come into force from the 1st April, 1974, the procedure adopted in the different trials came to be governed by the two Codes of Criminal Procedure, namely, one being the Old Code, Criminal Procedure Code, 1898 and other being the New Code, Criminal Procedure Code 1973. Sessions Trial No. 47 of 1973 is proceeding under the Old Code and the rest of the trials under the new Code. A question arose as to whether all the Sessions trials which arise out of the same occurrence, should be held in accordance with the provisions of the old Code or in accordance with the provisions of the new Code.

(3.) It may be added that all these sessions trials were transferred to the same Sessions court for trial. Practically all the accused persons in all the trials filed a petition that all the cases under both the Codes should be consolidated for trial to obviate the hardships and the financial difficulties which the accused may face in defending themselves separately. A further ground for such a prayer was that it would also obviate prejudice being caused to them in their defence. The learned Sessions Judge, by order dated the 2nd September, 1976, has rejected the prayer. According to him the provisions under the two Codes of Criminal Procedure, which were mandatory in nature, would get transgressed if consolidation of cases governed by the Old Code and New Code is made.