KUNJILAL AND ANOTHER versus THE STATE OF MADHYA PRADESH.

KUNJILAL AND ANOTHER versus THE STATE OF MADHYA PRADESH.

The prosecution under Sections 392 and 332 IPC constitutes a distinct offence from the previous prosecution under Section 7 of the Essential Supplies (Temporary Powers) Act, 1946; Section 403(2) CrPC allows such trial.

Source-derived case information.

Parties
Appellant: Kunjilal; Appellant: Deopal; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
08 October 1954
Procedural Posture
Criminal Appeal / Appeal Under Article 136 of the Constitution From a High Court Revision
Outcome
Appeal dismissed
Legal Topics
Double Jeopardy, Criminal Procedure, Essential Supplies Offences
Criminal Law Double Jeopardy Criminal Procedure Essential Supplies Offences

Source-derived case record

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Parties

Kunjilal

Appellant

Deopal

Appellant

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal Under Article 136 of the Constitution From a High Court Revision

  1. 1 Whether previous acquittal for offence under Essential Supplies (Temporary Powers) Act, 1946, bars subsequent trial for offences under Sections 392 and 332 IPC as per Section 403(1) CrPC

Ratio Decidendi

The prosecution under Sections 392 and 332 IPC constitutes a distinct offence from the previous prosecution under Section 7 of the Essential Supplies (Temporary Powers) Act, 1946; Section 403(2) CrPC allows such trial.

Court Disposition

Appeal dismissed