422 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
The rule as to kind is subject to two proviso.
(1) Offences under Section 379 (Theft) and under Section 380 (Theft in a dwelling house) shall be deemed to be offences of the same kind even though they are not offences under the same section and the punishment for them is not identical.
(1) The offence and the attempt to commit that offence (Section 511 I. P. C.) shall be deemed to be offences of the same kind even though they are not offences under the same section and the punishment for them is not identical.
Section 235 (2)
When an act constitutes an offence under two or more separate definations of any law defining or punishing offences the person accused of them may be tried at one trial for each of such offences.
Section 235 (3)
When an act, which by itself constitutes an offence, constitute when combined with another a different offence.
The person accused of them may be tried at one trial for the offences, constituted by such act when combined, and for any offences constituted by the act when taken by itself.
This is so when the act or acts done by the accused constitutes a single offence.
But it may be, that the acts done by the accused constitute more than one offence i.e. show that a plurality of offences have been committed.
Can the accused be tried for all such offences at one trial ? Or must he be tried separately for each offence ?
The rules as to this will be found in Section 235 (1)
If the acts amounting to different offences are committed by the accused in the course of the same transaction, then he may be tried at one trial for every such offence.