Spencer, J.

1. An objection has been taken in appeal that the trial was illegal on account of misjoioder of charges and however much this result after a prolonged trial in Sessions Court may be regretted, I have little hesitation in finding that the objection is sound and that the conviction of the accused must in consequence be quashed.

2. It is clear from the Privy Council decision in Subramania Aiyar v. King Emperor (1901) I.L.R. 25 M. 61, that if there has been a misjoinder it will have the effect of vitiating the trial and cannot be cured by the application of Section 537, Code of Criminal Procedure.

3. In the present case there was an occurrence on the morning of June 29, when certain persons are alleged to have come in an unlawful assembly armed with deadly weapons and beseiged the house of Prosecution Witness No. 3 and thrown stones at Prosecution Witnesses Nos. 1, 2, 3 and the deceased who were inside. There was another occurrence on the same afternoon when certain persons are alleged to have pursued and overtaken Prosecution Witnesses Nos. 1, 2, 3 and the deceased and murdered the latter individual when they were on their way to Jalibenchi to lodge a complaint about the