Same transaction test permits joint trial where linked offences share common purpose, facts, witnesses, and evidence.

Distinct offences arising from one FIR may be tried together where they form the same transaction under the Code of Criminal Procedure. The court applied the test of proximity of time, continuity of action, unity of purpose, and a common substratum, noting that both charge sheets stemmed from the same FIR, involved common accused, witnesses, and documents, and related to acts of impersonation and forged documents used to conceal the alleged bribe money. Separate trials were found likely to cause conflicting findings and prejudice, so the offences were directed to be clubbed and tried together.

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Issues: Whether the two charge sheets arising from the same FIR and connected factual matrix were liable to be clubbed and tried together as offences committed in the course of the same transaction under the Code of Criminal Procedure, 1973.

Analysis: The rule under the Code is separate trial for distinct offences, but the statutory exceptions permit a joint trial where offences are of the same transaction or where persons accused of different offences are connected by the same transaction. The facts showed that both charge sheets emanated from one FIR, the trap was laid on the same day as registration of the FIR, several accused persons and most witnesses and documents were common, and the locker operation by impersonation and use of forged documents was part of the larger design to conceal and deposit the alleged bribe money converted into gold. The core test is whether the series of acts exhibit proximity of time, continuity of action, unity of purpose, and a common substratum. On that basis, separate trials were found likely to cause conflicting findings and prejudice to the common accused.

Conclusion: The offences in the two charge sheets were held to be part of the same transaction and were directed to be tried together; the refusal to club them was set aside.

Ratio Decidendi: Where distinct offences arise from one connected series of acts showing unity of purpose and continuity of action, and are necessary for the execution or concealment of the main offence, they may be tried together as part of the same transaction.

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