A is alleged to have attempted to commit the murder of B and also alleged to have committed the murder of B, one month after the alleged attempt to murder. Can A be tried for an attempt to commit murder (under Section 307 I.P.C.) and for murder (under Section 302 I.P.C.) at one trial?

Question: A is alleged to have ‘attempted’ to commit the murder of B and also alleged to have committed the murder of B, one month after the alleged attempt to murder. Can A be tried for an attempt to commit murder (under Section 307 I.P.C.) and for murder (under Section 302 I.P.C.) at one trial? Give reasons and also refer to the judicial decision, if any, on the point.

Find the answer only on Legal Bites. [A is alleged to have attempted to commit the murder of B and also alleged to have committed the murder of B, one month after the alleged attempt to murder. Can A be tried for an attempt to commit murder (under Section 307 I.P.C.) and for murder (under Section 302 I.P.C.) at one trial?]

Answer

Section 218 of the Code of Criminal Procedure Code, 1973 lays down the basic rule of charge and trial. The basic rule states that there must be a different and separate charge for every offence that the person is accused of and every charge levied against the person shall be tried separately in distinct trials.

Thus, in a nutshell, there should be as many charges as the number of an offence committed and each charge must be individually tried on merits. Further, if there is more than one accused, it is also the fundamental rule that each of them should be tried separately and not jointly.

However, there are a few exceptions to this general rule laid down in sections 219, 220, 221, and 223 of the Code. One of the exceptions that are relevant to be discussed for the present case at hand is section 219. According to Section 219 CrPC, if a person is accused of commission of two or more offences which are similar in nature within a period of one year, i.e. 12 months, then he may be charged with all such offences together and tried for them together as well. This is an exception to the basic rule of separate charges for separate offences.

Under this provision, the essential requirements are:

(i) that the person must have been charged and prosecuted for more than one offence. It does not include an investigation being carried on for another offence. It means that if the person charged and tried for theft and another offence of criminal misappropriation is being investigated. These offences cannot be joined unless the trial initiates for both offences,

(ii) all the offences which are desired to be charged together must have been committed within a span of twelve months. It means that not more than twelve months should have passed after the commencement of trial for the first offence and before the commencement of trial for the last such offence,

(iii) all the offences which are to be jointly charged and tried must be similar in nature.

Now, a similar offence does not mean all must be related to each or all must be sexual offences, etc. Section 219 (2) defines offences of similar nature as those for which the prescribed punishment, i.e. tenure of imprisonment and/or fine is the same, offences which fall under the same section or same chapter of the Indian Penal Code and offences and attempt to commit such offences are similar offences for the purpose of this section.

For attracting Section 219, the necessary circumstance is that the same person is accused of more offences than one; the offences of which the person is accused are of the same kind; they are committed in a space of 12 months from the first and the last of such offences, and; the said offences may, or may not, be in respect of the same person.

The offences need not have any causal connection between them for Section 219 to be invoked. They may be completely independent; may have taken place at different points of time within the space of one year, and; may involve different and unrelated victims. However, the accused is the same person and the offences are of the same kind – as defined in Sub-Section(2). Sub-Section(2) explains that offences are of the same kind when they are punishable with the same amount of punishment under the same Section of the IPC, or of any special or local law.

Thus, in the present case at hand, A cannot be tried for an attempt to commit murder (under Section 307 I.P.C.) and for murder (under Section 302 I.P.C.) at one trial because they are not offences of the same kind.

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