A is charged before the Court of Session and convicted of the culpable homicide of B. Can A afterwards…

Section 337(1) of the BNSS bars a second trial on the same facts for an offence of which the accused could have been convicted at the first trial. Illustration (c) to section 337 holds: "No, A may not afterwards be tried on the same facts for the murder of B". Murder could have been charged in the same trial before a Court competent to try it, so calling it a different offence does not help, State Government consent applies only to distinct offences, and a new complaint cannot get round the bar.