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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 ..... ed 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (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 To undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo simple imprisonment for one month. 5. Felt aggrieved by the said order, the Appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 Indian Penal Code, these two punishments should have been directed to run concurrently as provided Under Section 31(1) of the Code. 14. Learned Counsel for the State, however, could not fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 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 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, we f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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