618 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Summary.
When a person pleads guilty—he ceases to be jointly tried but he does not cease to be accused person. So that on plea of guilty his confession cannot be taken into consideration against other accused because they are not co-accused jointly tried : nor can he be called as a witness because he continues to be an accused until sentenced.
When a person pleads guilty and he is jointly tried and ceases to be an accused person, his Confession cannot be used but he becomes a competent witness.
Relevancy of Judgments.
Sec. 40
Where the question is whether a Court ought to take cognizance of a suit or to hold such trial.
The existence of a judgment order or decree which prevents any Court from taking cognizance of a suit or holding a trial is relevant fact.
Comment .
The law by which a prior judgment order or decree prevents a civil court from taking cognizance of a suit is contained in the Civil Procedure Code and the law by which a prior judgment prevents a criminal Court from holding a trial, is contained in the Cr. P. C.
The relevant Sections of the C. P. C. are 11-14. Provisions summarized in Field p. 260.
The relevant Section of Cr. P. C. is section 434.
Under Section 40 a Judgment is relevant if its effect is to conclude the court.
Such a judgment must be just between the same parties and on the same issues.
A Judgment inter partes does not bind a stranger. The principle underlying the rule is that no man ought to be bound by proceedings to which he was a stranger and over which he had no control.