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TMI Blog2019 (2) TMI 2036X X X X Extracts X X X X X X X X Extracts X X X X ..... med the judgment and order of the Courts below. 3. The appeal involves a short controversy as would be clear from the facts set out hereinbelow. 4. The Appellant was prosecuted and eventually convicted for the offences punishable Under Sections 279 and 304-A of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") in CHI 88530 of 2013 by the Judicial Magistrate 1st Class, Jalandhar by order dated 12.05.2017. On the quantum of sentence, the Judicial Magistrate passed the following order: Under Section 279 of Indian Penal Code To undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo simple imprisonment for fifteen days. Under Section 304-A of Indian Penal Code ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Section 31 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Code"), it is mandatory for the Magistrate to specify as to whether the sentences awarded to the Accused would run concurrently or consecutively when the Accused is convicted for more than one offence in a trial. 13. Learned Counsel urged that since in this case the Appellant was awarded two years rigorous imprisonment with a fine amount of Rs. 1000/- and in default of payment of fine amount, to further undergo simple imprisonment for one month Under Section 304-A Indian Penal Code and six months rigorous imprisonment with a fine amount of Rs. 1000/- and in default of payment of fine amount, to further undergo simple imprisonment for 15 days Under Section 279 In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to that extent. 20. As mentioned above, 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. 21. In our view, having regard to the facts and circumstances of the case and keeping in view the nature of controversy involved in the case, both the aforementioned sentences awarded by the Magistrate to the Appellant would run "concurrently". 22. So far as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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