KUMUDINI KANTA GUHA Vs. QUEEN-EMPRESS
KUMUDINI KANTA GUHA
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Prinsep, J -
(1.) The rules before us I have been obtained by Mohesh Chandra Guha, the father, and Kumudini Kanta Guha, the son, who have been convicted at the same trial by the Magistrate of receiving stolen property, namely, currency notes, as well as under Section 414 of the Indian Penal Code of assisting in concealing or disposing of such notes which they knew or had reason to believe were stolen property.
(2.) In trying these two persons together in the same trial, there has, no doubt, been a misjoinder of parties. Each of these persons is charged with the same offences only in respect of a currency note of Rs. 500, but in respect of the charges on the two currency notes of 100 the charge against each of the accused related only to one of these currency notes, and, therefore, the transaction was altogether separate and distinct against each of them.
(3.) There is no reason why, in respect of the matter connected with the note of Rs. 500, the two petitioners might not be properly tried together, but the other charges certainly could not have formed part of the same trial. The possession stated to have been acquired by each of these petitioners in respect of each of these notes of Rs. 100 was at different times, and it would seem that neither of these transactions is in any way connected with the transaction relating to the note of Rs. 500.;
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