BHAGAT SINGH versus THE STATE

BHAGAT SINGH versus THE STATE

The appellant's act of firing a single shot at two persons amounted to one offence, not two, so there was no misjoinder of charges and the trial was not invalidated on this ground.

Parties
Appellant: Bhagat Singh; Respondent: The State; Caveator: Gopal Sethi
Jurisdiction
India
Judgment Date
19 December 1951
Procedural Posture
Criminal Appellate / Appeal Against Conviction and Sentence From the High Court of Patiala, Affirming the Sessions Judge
Outcome
Appeal dismissed
Legal Topics
Misjoinder of Charges, Murder, Attempt to Murder

Case Brief

Summary, issues, holding and outcome

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Parties

Bhagat Singh

Appellant

The State

Respondent

Gopal Sethi

Caveator

Procedural Posture

Criminal Appellate / Appeal Against Conviction and Sentence From the High Court of Patiala, Affirming the Sessions Judge

  1. 1 Whether trial was vitiated by misjoinder of charges under sections 233 and 234(1) of Criminal Procedure Code
  2. 2 Whether a single act of firing at two persons constitutes one offence or two offences

Ratio Decidendi

The appellant's act of firing a single shot at two persons amounted to one offence, not two, so there was no misjoinder of charges and the trial was not invalidated on this ground.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence affirmed