DESAI, J. :- The following question has been referred to us by our brother Chaturvedi for our opinion :

"Are the different clauses of Section 239, Cr. P.C. mutually exclusive or can recourse be had to two or more of them for the purposes of jointly trying more than one person ?"

The question arose before our learned brother when he was hearing an appeal filed by Mukerji and Chotey Lal against their convictions under Sections 120B, 420 and 477A, I.P.C.

2. The case against the appellants is as follows :

Chotey Lal is a partner of a firm carrying on business in Hardoi. Mukerji is a railway employee in charge of a railway grain chop at Allahabad. There was a contract between, the railway and Chotey Lal for the supply of grains to the railway grain shop. According to the contract, the grains had to be booked at Hardoi for Allahabad by 25-1-1947. The firm, however, booked the grains after 25-1-47. Under the contract it was liable to pay a penalty to the railway for the delay in booking them. Chotey Lal entered into a conspiracy with the other appellant to defraud the railway and in pursuance of the conspiracy the other appellant prepared a false document known as S. 10 on 1-3-47 s