BABULAL CHHOTALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant was convicted under Section 279 and 338 of the Indian Penal Code and given separate sentences. It was ordered that the substantive sentences of imprisonment should run concurrently.

(2.) The first argument of the learned counsel for the appellant is that the offence under Section 338 of the Indian Penal Code includes the offence under Section 279 of the Indian Penal Code and therefore separate sentences should not be given, and reliance was placed on Ragho Prasad v. Emperor, AIR 1939 Pat 388, which relied on Champa v. Emperor, AIR 1928 Pat 326.

(3.) Section 235 of the Criminal Procedure Code reads as follows:-