Section 215(e) in The Code of Criminal Procedure, 1973
(e)A was charged with murdering Haider Baksh on 20th January, 1882, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 1882. When charged for the murder of Haider Baksh he was tried for the murder or Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haider Baksh. The Court may infer from this that A was misled, and that the error was material.