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
Legal Issues
- 1 Whether trial was vitiated by misjoinder of charges under sections 233 and 234(1) of Criminal Procedure Code
- 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
Full Case Text
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