- (1.) K. N. Ojha, J. Heard learned Counsel for the revisionists and learned AGA and have gone through the order dated 28- 11-2003 passed by learned Additional Sessions Judge, Court No. 17, district Meerut, in Sessions Trial No. 1294 of 2000, State v. Sanjeev and others, under Sections 147, 148, 149,323, 452 and 307 I. P. C. police station Parikshitgarh, district Meerut.
(2.) BY impugned order dated 28-11-2003 the application 29-B moved by the accused-revisionists to try the case of both occurrence as separate sessions trials was rejected on the ground that the first occurrence is connected with the second occurrence and joint trial of both the offences can be made together. The fact of the case is that one Shahid of town Raja Darwaja, police station Parikshitgarh, district Meerut, lodged FIR against the accused Sandeep Kumar, Sanjeev Kumar, Atul Kumar, Amit Kumar, Vitul Kumar and Krishnabir on 21-7-1999 at 7. 30 a. m. bearing Crime No. 225 of 1999, police station Parikshitgarh, district Meerut, containing the fact that on 21-7-1999 at 6. 30 a. m. when he was present at his door Sanjeev Kumar, revisionist No. 6, and Sandeep Kumar, revisionist No. 1, filed on him. When he was going to lodge FIR to the police station they caught hold of him and dragged him inside their house where rest accused revisionists were present there. All of them caused injuries with stick and tabal. Injuries were caused to Rohtas, Shahid and Kurban. Fire-arm injury was also caused to Kurban. On this FIR, investigation was made, charge-sheet was submitted and the Sessions Trial No. 1294 of 2000 proceeded against the revisionists. The charge against Sandeep Kumar and Sanjeev Kumar was framed under Sections 452 and 307 IPC and charge against Sandeep Kumar, Sanjeev Kumar, Atul Kumar, Amit Kumar, Vitul Kumar and Krishnabir were framed under Sections 148, 323 read with 149 and 307 read with 149 I. P. C. In both the charges date and time of the occurrence were written 21-7-1999 at about 6. 30 a. m. and the place of occurrence is written Mohalla Raja Darwaja, Qasba Parikshitgarh, district Meerut. The learned Counsel for the revisionists submits that Section 218 of Cr. P. C. contemplates 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. Thus it is submitted that separate trial should proceed for both these charges.
(3.) A perusal of Section 219 of Cr. P. C. shows that this section contemplates that when a person is accused of more offences than one of the same kind committed within space of 12 months from the first to the last occurrence such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three. Section 220 Cr. P. C. contemplates that if, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence.;