BABULAL CHHOTALAL Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
STATE OF GUJARAT
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(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:-
"235 (1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence. (2) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trail for, each of such offences. (3) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for, the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts.;
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