EMPEROR Vs. DHONDI BAPU BHAPKAR

JUDGEMENT

(1.) THE offences under Secs.457 and 380 of the Indian Penal Code not being distinct offences (see illustration to Section 35, Criminal Procedure Code) the trying Magistrate's ordinary jurisdiction was not enhanced by the provisions of para 2 and proviso (b) of Section 35, Criminal Procedure Code, and the Magistrate was not competent to pass sentences exceeding in the aggregate two years imprisonment. See Queen Empress V/s. Malu (1899) 1 Bom. L.R. 142 : I.L.R. 23 Bom. 706. We alter the two separate sentences to one of two years rigorous imprisonment.