AIR 1947 PATNA 67

Patna High Court

Hon'ble Judge(s): Agarwala, Das , JJ

Criminal P.C. (5 of 1898) , S.403— Trial for offence u/S.148 and S.396, Penal Code - Acquittal - Subsequent trial for offence u/S.412, Penal Code - Magistrate conducting previous trial not competent to try offence u/S.412 - S.403, sub-ss.(2) and (4) apply and trial is not barred. The accused was tried on charges under Ss.148 and 396, Penal Code and was acquitted of the same. In a subsequent trial of the accused for an offence under S.412, Penal Code it was contended by the accused that the judgment of acquittal in the previous trial was a bar to his conviction under S.412, Penal Code. The question as to whether the accused was in possession of stolen goods was not in issue at the previous trial as the Magistrate conducting the trial was not competent to try an offence under S.412, Penal Code: Held that the case was governed by sub-ss.(2) and (4) of S.403 and not by sub-s.(1). The protection offered by S.403(1) extends to different offences only when they are based on the same facts and fall within the provisions of Ss.236 and 237. The acquittal of the accused at the previous trial was not therefore a bar to his trial for a completely distinct offence under S.412, Penal Code and would not stand in the way of his conviction for that offence: Case law referred. (Para 8) .....