A,B,C,D are charged by a magistrate of first class with and convicted of robbing X.if it is found that A,B,C,D and E have also committed dacoity,can they be tried and convicted of dacoity on same facts?
sreenath cochin (advocate) 12 February 2010
A,B,C,D are charged by a magistrate of first class with and convicted of robbing X.if it is found that A,B,C,D and E have also committed dacoity,can they be tried and convicted of dacoity on same facts?
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 12 February 2010
why not. Facts are same then same trial can also be initiated against E.
Sreenath - Your query is illustration (f) of S.300 of Cr.P.c. As per the illustration they can be charged and tried for dacoity on the same facts.
S.300 (4) Cr.P.c. reads "a person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction be subsequently charged with and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.
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