EMPEROR Vs. ABLA ISAK

JUDGEMENT

(1.) [After setting out the facts of the case his Lordship proceeded:] An objection is taken on behalf of the accused to the second and fourth counts in the charge- sheet and it is urged that a trial on those points is not now competent. Reliance is placed upon Section 403 of the Criminal Procedure Code which provides:-- A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not he liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under Section 236, or for which he might have been convicted under Section 237.

(2.) Section 236 of the Criminal Procedure Code provides:-- If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences.

(3.) Section 237 provides :-- If, in the case mentioned in Section 236, the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of that section, he may be convicted of the offence which he is shown to hove committed, although he was not charged with it.