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1984 (12) TMI 332 - SC - Indian Laws

Issues involved:
The appeal questions the consolidation of two sessions trials with differing prosecution versions under Section 223 of the Criminal Procedure Code, 1973.

Summary:
The case involves an appeal against the consolidation of two sessions trials with differing prosecution versions. The incident in question occurred in 1983, resulting in multiple deaths and injuries. The police filed a challan against three individuals, while the complainant lodged a complaint against nine respondents. The High Court upheld the consolidation order with modifications, citing constitutional provisions against double jeopardy. The appellant contended that the cases should be tried together but not consolidated due to conflicting versions. The Supreme Court directed that the cases be tried together but not consolidated, emphasizing separate judgments and evidence recording to avoid conflicting findings. The Court highlighted the importance of upholding the accused's rights and preventing double jeopardy. The appeal was allowed, setting aside the consolidation order and instructing the cases to be tried together without consolidation.

 

 

 

 

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