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may 1954

Supreme Court of India · 1954-05-06

AFTAB AHMAD KHAN vs THE STATE OF HYDERABAD.

Citation / case number
SC 1953/1442
Court
Supreme Court of India
Petitioner
AFTAB AHMAD KHAN
Respondent
THE STATE OF HYDERABAD.
Author
GHULAM HASAN
Bench
GHULAM HASAN

Judgment text excerpt

The Supreme Court clarified that Section 233 of the Code of Criminal Procedure (Act V of 1898) mandates separate charges for distinct offences, but Section 235 allows for the joinder of charges if multiple offences arise from a single transaction. In this case, the accused was involved in a series of acts including murder, attempt to murder, and extortion, which were interconnected and thus could be tried together under Section 235. The Court upheld the conviction and sentences imposed by the High Court, emphasizing that the extreme penalty should not be imposed when there is a division of opinion among judges regarding guilt.

AFTAB AHMAD KHAN vs THE STATE OF HYDERABAD. · Niyam