BUDHAI SHEIK Vs. EMPEROR

JUDGEMENT

(1.) The petitioners have been convicted under Secs.879 and 143 of the Indian Penal Code. It is alleged that certain linseed was looted on the 22 February, and certain tobacco on the 23rd February by an unlawful assembly consisting of the same persons, of whom the petitioners were the leaders. It is contended that the trial was bad in that two distinct offences, involving occurrences of two different dates and alleged to have been committed by more than one person, have been tried jointly in one trial. A Rule was granted on this ground, as also on the ground that the petitioners should not have been summarily tried. As regards the first point, which we need alone consider, the Magistrate in his Explanation submits that the case comes within Section 234 of the Criminal Procedure Code, which permits of three offences of the same kind within one year being charged together. In this case the theft and unlawful assembly on the 22 February, were parts of the same transaction; as were also the alleged offences on the next day. But the events of the 22nd and 23 February do not appear to form part of the same transaction; nor is the joinder complained of defended on that ground, but on the ground that the petitioners committed two offences of the same kind on two separate dates within the space of twelve months.

(2.) The question to be determined shortly is whether Section 234 of the Criminal Procedure Code, which in terms refers to a single person, applies where several persons are jointly accused. No doubt, as provided for by the General Clauses Act, words in the singular shall include the plural and vice versa, but this is only where there is nothing repugnant in the subject or context.

(3.) Section 234 is one of a number of sections which are grouped together under the heading of "joinder of charges." This may, and in fact does, refer to charges both against single and several accused. But the sections under the general heading relating to these respective cases are kept separate. Section 233 lays down a general rule. Secs.234 to 238 by their terms refer to the case of a single accused. Then Section 239 deals with the case where more persons than one are accused, and is followed by Section 240, which enacts a general rule as to the withdrawal of charges.