(1) The Applicant-accused has challenged the order of the Sessions Court in Case Nos.484 of 1998 and 1328 of 1996 directing that both the cases should be merged and a common charge was framed on 16th April 2010.

(2) The Applicant along with his parents came to be charged with offences under Sections 498-A and 306 read with Section 34 of the Indian Penal Code (IPC) upon an FIR being filed in that behalf. The Applicant also came to be charged under Section 302 read with Section 304-B of the IPC and Sections 3 and 4 of the Dowry Prohibition Act under a private complaint filed against him. Both the complaints related to the same transaction of he having abetted the suicide of his wife and he having ultimately murdered her. The parents of the Applicant have been discharged in the criminal case filed upon the FIR lodged with the Police. The Applicant, therefore, alone faces trial. He faces trial under the aforesaid two sections for the aforesaid two offences but within the course of the same transaction.

(3) Initially when the Applicant faced one charge along with his parents in the criminal prosecution lodged by the Police and another charge singly, it was directed that the two charges under the two separate cases, one being the Police case and another being the private complaint, shall be tried separately. Thereafter since the Applicant was the only accused in both the cases under the aforesaid charges, the learned Sessions Judge has merged the charges and framed a single trial. The Applicant challenges the order requiring him to be tried in a single trial.

(4) The only point of law, which is required to be considered, is whether for the aforesaid offences under a single transaction or series of transactions the Applicant can be tried in a single trial. Section 220 of the Criminal Procedure Code, 1973 (Cr.P.C.) (which is identical to Section 235 of the earlier Criminal Procedure Code of 1898) relates to the trial for more than one offence and runs thus: 220.Trial for more than one offence. (1) 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. (2) . . . . (3) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences. (4) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts.

Section 8(a) relating to framing of charge in the Criminal Manual sets out the procedural requirements for the framing of the charge and shows how charges under separate heads are required to be framed for several offences when a person is tried for different offences committed in the course of the same transaction together in one trial. Section 8(a) runs thus: 8.(a) (1) . . . . . . (3) Where several persons are tried together for different offences committed in the course of the same transaction, there should be a separate head of charge for each of those offences. (4) Where five persons or more are charged with committing an offence, it would ordinarily be desirable to frame charges in the alternative, both under section 34 and Section 149 of the Indian Penal Code. An alternative charge may also framed against the accused, who is or who are alleged to have committed the particular act constituting the offence.

(5) It is, therefore, clear that in a single trial against the same accused there can be several charges in respect of various acts, if they are connected together as to form the same transaction. In s