NANALAL HARISHANKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal, filed by the appellant from the jail against the order of conviction and sentences, passed against him in a Summary Case No. 1151 of 1966 of the Court of the City Magistrate, 4th Court, Ahmedabad. He has been convicted of offences, punishable under Sections 279 and 337 of the Indian Penal Code and sentenced to suffer four months' rigorous imprisonment and to pay a fine of Rs. 500 and in default of payment of fine, to undergo three months' further rigorous imprisonment for the offence under Section 279 of the Indian Penal Code, and to suffer one month's rigorous imprisonment and to pay a fine of Rs. 100 and in default of payment of fine, to undergo one month's further rigorous imprisonment for the offence under Section 337 of the Indian Penal Code. The substantive sentences are ordered to run concurrently. This order of conviction and sentences has been passed by the learned City Magistrate, 4th Court, Ahmedabad, Mr. B. J. Shelat.

(2.) IT has been contended by the learned Advocate, Mr. Abhichandani that both these offences are similar and they are of a similar nature and hence, no separate conviction could be recorded for both the offences. In support of his argument, he relied upon the case of Ragho Prasad v. Emperor, AIR 1939 Pat 388. It has been observed therein as under :-

(3.) IN the case of State v. Gulam Meer, AIR 1956 Madh Bha 141, a Full Bench of Madhya Bharat High Court has observed as under:-