GANGA PRASAD Vs. EMPEROR

JUDGEMENT

(1.) I do not agree with the view taken by the learned Sessions Judge. It is not illegal to hold a joint trial under Section 107. Section 117(4) clearly shows that.

(2.) The learned Sessions Judge appears to be referring to the decision of Har Dutt Panda V/s. Emperor 33 Ind. Cas. 645 : 14 A.L.J. 268 : 17 Cr. L.J. 165. That decision does not lay down that the learned Judge appears to think that it does lay down. It lays down that the joint trial of two contending parties should not be allowed in a 107-proceeding. I find that Ganga Pershad and Parshadi Lal were not contending parties but were on the same side. The complaint had been made against them jointly.

(3.) On the merits I find no reason to interfere with the order passed against Ganga Pershad.