G.N.PRASAD
Tetar Gope – Appellant
Versus
Ganauri Gope – Respondent
1. This application in revision is directed against the appellate order of the Third Assistant Sessions Judge of Biharsharif in an appeal from the judgment of the trying Magistrate convicting the two accused persons as follows. Both the accused persons were convicted under Sec. 448 of the Penal Code and awarded a sentence of rigorous imprisonment for one month each. Besides, one of them was convicted and sentenced to undergo rigorous imprisonment for one month under Sec.323 while the other was convicted and sentenced to undergo rigorous imprisonment for three months under Sec.325 of the Code. The learned Magistrate, further, directed that, in the case of both the accused persons, the sentences imposed upon them would run consecutively.
2. In appeal, a point was raised before the learned Judge to the effect that the sentences awarded by the Magistrate were contrary to law, at least, in two respects. This contention found favour with the learned Judge, who held, firstly, that the order was bad inasmuch as, while making the sentences under the two sections to run consecutively, the learned Magistrate did not specify the order in which the sentences under the two counts would r
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