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2019 (2) TMI 2036 - SUPREME COURTProsecution and conviction for the offences punishable Under Sections 279 and 304-A of the Indian Penal Code, 1860 - whether the two punishments awarded to the Appellant Under Section 279 and Section 304-A Indian Penal Code would run concurrently or consecutively? - HELD THAT:- It was necessary for the Magistrate to have ensured compliance of Section 31 of the Code when she convicted and sentenced the Appellant for two offences in a trial and inflicted two punishments for each offence, namely, Section 279 and Section 304-A Indian Penal Code - In such a situation, it was necessary for the Magistrate to have specified in the order by taking recourse to Section 31 of the Code as to whether the punishment of sentence of imprisonment so awarded by her for each offence would run concurrently or consecutively. Indeed, it being a legal requirement contemplated Under Section 31 of the Code, the Magistrate erred in not ensuring its compliance while inflicting the two punishments to the Appellant. The Appellant was convicted and accordingly punished with a sentence to undergo two years rigorous imprisonment with a fine amount of Rs. 1000/- and in default of payment of fine amount to further undergo one month simple imprisonment Under Section 304-A and 6 months rigorous imprisonment with a fine amount of Rs. 1000/- and in default of payment of fine amount to further undergo 15 days simple imprisonment Under Section 279 Indian Penal Code - having regard to the facts and circumstances of the case and keeping in view the nature of controversy involved in the case, both the sentences awarded by the Magistrate to the Appellant would run "concurrently". So far as the merits of the case is concerned, when three Courts have, on appreciation of evidence, found that the prosecution was able to make out a case against the Appellant, there are no good ground to interfere in such finding. The appeal thus succeeds and is allowed in part.
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