STATE OF UTTAR PRADESH Vs. BATI

JUDGEMENT

(1.) This is a petition by the State of Uttar Pradesh for the amendment of an order passed by this Court in Criminal Appeal No. 366 of 1948 on 12th July 1949. The three accused who appeared as opposite party were convicted of offences under Sections 148, 449/149 and 307/149, Penal Code, by Shri Mohan Shankar Saksena, Assistant Sessions Judge of Bulandshar, by his judgment, dated 3rd June 1918 and were each sentenced to two years' rigorous imprisonment under Section 148, Penal Code, to four years' rigorous imprisonment and a fine of Rs. 100 or in default to one year's rigorous imprisonment under Section 449/149, Penal Code, and to six years rigorous imprisonment and a fine of Rs. 100 or in default to one year's rigorous imprisonment under Section 307/149, Penal Code. As regards the substantive sentences of imprisonment he directed that they are to run concurrently. As regards the sentence of imprisonment in default of payment of fine he directed that it will run concurrently but after the expiry of the sentences for the substantive offences.

(2.) In appeal this Court reduced the substantive sentences of imprisonment passed against the opposite parties but in other respects the order of the trial Court was upheld.

(3.) It is contended by the learned Assistant Government Advocate that the sentences of imprisonment in default of payment of fine passed under the various sections against each accused could not be directed to run concurrently.