In Re: D. Suryanarayana Row and anr. - Court Judgment

Excerpt:
criminal procedure code (act v of 1898), section 233 - two accused tried jointly for one offence--power of appellate court to convict one of them of different offence. - ordersadasiva aiyar, j.1. i see no reason to interfere with the convictions and i don't agree with the case of sahib singh v. emperor 38 p.r. 1905 cr. : 115 p.l.r. 1905 : 2 cri.l.j. 694, which decides that because it is illegal to try two persons for two distinct offences committed by them, the appellate court has no power to convict one of two persons tried for a certain offence of another offence found done on the facts.2. as regards the sentence on the first accused who is a young man affected by the evil influence of his elder brother, i reduce it to the term of imprisonment already undergone by him. the case as regards the other accused is dismissed.

Judgment:
ORDER

Sadasiva Aiyar, J.

1. I see no reason to interfere with the convictions and I don't agree with the case of Sahib Singh v. Emperor 38 P.R. 1905 Cr. : 115 P.L.R. 1905 : 2 Cri.L.J. 694, which decides that because it is illegal to try two persons for two distinct offences committed by them, the Appellate Court has no power to convict one of two persons tried for a certain offence of another offence found done on the facts.

2. As regards the sentence on the first accused who is a young man affected by the evil influence of his elder brother, I reduce it to the term of imprisonment already undergone by him. The case as regards the other accused is dismissed.