RANGANADHAM CHETTY, J.

( 1 ) WHEN the Criminal case was pending the accused moved the learned Magistrate for an acquittal on the principle of Autrefois convict on the following grounds:

( 2 ) THE accused was an employee of Ramthirtham multipurpose Co-operative Society and is stated to have misappropriated a sum of Rs. 31. 00 and odd through falsification and forgery of material accounts. Earlier he had been convicted for a similar offence said to have been committed during the currency of that year.

( 3 ) THE accused pleaded that an equitable principle on the analogy of Section 403, Crl. Procedure Code should be applied and the accused saved from the harassment of a second charge when the Prosecution could have clubbed this charge along With the one which was tried. The argument did not find favour with the Magistrate; licence this revision.

( 4 ) RELIANCE is placed on Sidh Nath v. Emperor, AIR 1929 Cal 457 and Ramchandra Chetty v. State of Andhra 68 Mad LW (An) 526; (AIR 1956 Andh 102 ).

( 5 ) IT is manifestly unjust for an accused to be tried as many times as there are offences. Hence the salutary provision of Section 234 enabling the Court to try three charges at a time. No doubt

Click Here to Read the rest of this document