Decided on October 27,1964

STATE Respondents


H.C.P. Tripathi, J. - (1.)IN this revision the applicant prays that the order dated 5 -10 -1963 of the learned Civil and Sessions Judge, Agra, rejecting his application for separate trial be quashed and he be directed to try S.T. No. 127 of 1963 (State V. Kripa Shanker) Under Section 307 IPC and S.T. No. 183 of 1963 (State V. Bishram Singh) separately. I have heard the learned Counsel for the applicant.
(2.)IT appears that the applicant is being prosecuted for a charge under Section 25(a) of the Arms Act, 1959 and the trial in respect of that charge being S.T. No. 183, of 1963 is pending before the Sessions Court. Another person Kripa Shanker is to be tried under Section 307 IPC by the same court in S.T. No. 127 of 1963. According to the prosecution, the accused in both these trials had gathered near a nala in connection with the purchase and sale of a 303 rifle. The police party surrounded them and the applicant was arrested along with the rifle. The other miscreants fled away and while fleeing they directed their guns towards the raiding party and had indulged in firing. On this allegation the applicant and Kripa Shanker have been committed separately by the Magistrate to stand their trial In these circumstances as there is nothing in between a charge Under Section 307, IPC and a charge under Section 25(a) of the Arms Act and as it is doubtful whether the alleged offences were committed in the course of the same transaction, or separately, I think it would be proper in the interest of justice that the applicant's trial is held separately than that of Kripa Shanker. It may be noted here that the applicant has not prayed for quashing of his commitment to the Court of Session which has become final.
This revision is, therefore, accepted; the order of the Sessions Judge dated 5 -10 -1963 is set aside. The learned Sessions Judge is directed to hold the trial of the applicant in S.T. No. 183 of K63 on a charge Under Section 25(a) of the Arms Act, 1959, separately.

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