Supreme Court · 2019 INSC 201 · Decided 14 February 2019
Gagan Kumar v. The State of Punjab
- Court
- Supreme Court of India
- Citation
- 2019 INSC 201 · [2019] 3 S.C.R. 367
- Case number
- CRIMINAL APPEAL No. 266/2019
- Decided
- 14 February 2019
- Bench
- ABHAY MANOHAR SAPRE, DINESH MAHESHWARI (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 279; CrPC Section 31
Headnote
Code of Criminal Procedure, 1973: s.31 - Sentences in cases of conviction of several offences at one trial - Compliance of s. 31, by the Magistrate - Held: Magistrate should specify in the order by taking recourse to s. 31 as to whether the punishment of sentence of imprisonment or consecutively - On facts, Magistrate while passing the order of sentence erred in not mentioning as to whether the two punishments awarded to convict u/s. 279 and 304-A IPC would run concurrently or consecutively - In view of the facts and circumstances of the case, both the
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