K SRIRANGACHARIAR Vs. EMPEROR

JUDGEMENT

(1.) The petitioner was committed to the Chingleput Sessions Court to take his trial on two separate charges accusing him of two distinct offences, viz. the offence of theft of a blank 2nd class railway ticket from the South Indian Railway Company's booking office at Conjeeveram punishable under Section 380, I.P.C. and the offence of forgery in respect of certain entries alleged to have been made by him in that ticket with intent that fraud may be committed, punishable under Section 467, I.P.C.

(2.) The trial of the petitioner was proceeded with at first only in respect of the first offence, i.e., the offence of theft. This trial in respect of the offence of theft which was held by the Assistant Sessions Judge, Chingleput, with the aid of a jury ended in acquittal. Thereupon the trial of the petitioner in respect of the second offence, the offences of forgery, was taken up by the Sessions Judge, Chingleput. The petitioner contended that his acquittal in the earlier trial was a bar to the subsequent trial. This contention was repelled by the Secs.Judge in a reasoned order dated 20 December 1933.

(3.) The present revision petition attacks the correctness of this order of the Sessions Judge and seeks to have it reversed. The only argument is that Secs.236 and 237, Criminal P.C. apply to the; present case and that consequently the previous acquittal is a bar under Section 403(1), Criminal P.C. This argument was considered by the learned Sessions Judge and did not meet with acceptance.