Law: Criminal Procedure Code (V of 1898)

Section: 227,233,234,235,239

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 227, 233, 234, 235 239---Alteration of charge---Separate charge for distinct offences---Three offences of same kind within year may be charged together---Trial for more than one offence---Prosecution assailed order passed by Trial Court whereby its application under S. 227, Cr.P.C. for alteration of the consolidated charge in two different criminal cases was dismissed---Incidents in two different FIR were neither of the same kind nor had been committed during the course of same transaction, therefore, the same could not be tried jointly---Trial Court while passing the order of joint trial of both the cases and framing a consolidated/joint charge had committed an illegality which could not be countenanced---Section 233, Cr.P.C., provided that for every distinct offence of which any person was accused, there would be a separate charge and every such charge would be tried separately except in the cases mentioned in Ss. 234, 235 239, Cr.P.C.--- Impugned order was set aside and the Trial Court was directed to try the cases separately on separate charges. PLD 2003 SC 891 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 234 239---Three offences of same kind within year may be charged together---Offences must be of the same kind in order to attract the provisions of Ss. 234 239 of the Criminal Procedure Code, 1898 for conducting joint trial. PLD 2003 SC 891 ref. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 234 239---Three offences of same kind within year may be charged together---Section 234, Cr.P.C. provided that when a person was accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, he might be charged with and tried at one trial and according to S. 239(d), Cr.P.C.---Persons accused of different offences committed in the course of same transaction would be charged and tried together but when both the incidents were neither of the same kind nor had been committed during the course of same transaction, they could not be tried jointly. PLD 2003 SC 891 ref. JUDGMENT LAL JAN KHATTAK, J.--- This petition is directed against…

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