Law: Criminal Procedure Code (V of 1898)

Section: Ss. 235 (1) & 239 (d)

(a) Criminal Procedure Code (V of 1898), Ss. 235 (1) & 239 (d)"--Same transaction"-More than one accused in pursuance of one single conspiracy committing different offences on different occasions-Offences committed in course of "same transaction" Joinder of charges not illegal-Penal Code (XLV of 1860), 5.120-B.   If several persons enter into a conspiracy to commit offences and commit overt acts in pursuance thereof (a circumstance which makes the act of one the act of each and all the conspirators), such acts should be taken to have been committed in the course of the same transaction, which embraces the conspiracy and the acts done under it. The common concert and the agreement which constitute the conspiracy serve to unify the acts done in pursuance of it.   Where, therefore, the allegation was that two accused had carried out a single scheme by successive acts and committed four offences of forgery in respect of postal money orders and four offences of cheating were also committed in respect thereof, and all the eight offences were tried together it was urged that the trial was vitiated on account of misjoinder of charges   Held, that the two accused had carried out a single scheme by successive acts and the offences were linked together with the thread of continuity running through them so as to present a continuous whole. It was not a case of repetition of similar offences if and when an occasion arose. All the offences were, therefore, committed in the course of the same transaction. There was, therefore, no misjoinder of charges and the trial was not vitiated on that score.   Ghulam Mani v. The State P L D 1957 Lah. 290 ; Babulal Chowkhani v. The King-Emperor 65 1 A 158 and Mukand Singh and others v. King-Emperor 54 1 A 45 ref.   Handwriting expert-Conviction cannot be based merely on testimony of such expert-Evidence Act (I of 1872), S. 45.   Criminal trial-Presence of accused in vicinity of place where co-accused was arrested-Does not by itself raise presump tion of guilt against him.   Penal Code (XLY of 1860), Ss. 420/511 & 468-- Accused putting signature on money-order in token of…