(1.) THE word "punishment" in Section 3 of the Whipping Act, has been interpreted as the "total of punishments awardable" by the learned Judges who decided Queen-Empress V/s. Dagadu (1892) 16 Bom. 357. In lieu of punishing the offender by sentencing him to imprisonment and imposing on him a fine, the Court may punish him with whipping. THE portion of the sentence, imposing the fine, must, therefore, be set aside. I accordingly do so and direct that the fine be refunded.