AIR 1966 GUJARAT 239 ::(1966) 7 GujLR 544 ::ILR (1966) Guj 487

Gujarat High Court

Hon'ble Judge(s): Akbar S. Sarela , J

Criminal P.C. (5 of 1898) , S.587, S.233— Trials for six different similar offences - Evidence recorded in one, used in others - Irregularity in the mode of trial - Not curable u/S.537. Section 233 of the Criminal Procedure Code provides that for every distinct offence of which any person is accused, there shall be a separate charge and every such charge shall be tried separately except in the cases mentioned in Ss. 234, 235, 236 and 239 of the Code. The Code does not appear to contemplate a trial on evidence which is not recorded in that trial. It may be that a witness earlier examined in a proceeding between the parties, is dead or is not available though living for any of the reasons set out in S. 33 of the Indian Evidence Act. In such a case, it is permissible to have his evidence given in the earlier proceeding brought on record as evidence given in the earlier proceeding brought on record as evidence at the subsequent proceeding, if the conditions laid down in that section are satisfied.(Para 5) Where a joint trial is not permissible under Sections 234, 235, 236 and 239 of the Criminal Procedure Code, if evidence, not recorded at a trial of a case but record-In some other cases, is considered the procedure followed is illegal and not curable under S. 537 of the Code and hence a conviction @pa....