( 1 ) THE above mentioned two revisions have been referred to a Division Bench because a question of law of some importance called for decision.

( 2 ) THE cases, out of which these two revisions arose, were tried by Magistrates as in both cases complaints had been filed alleging that offences punishable under Section 323 and Section 440, penal Code had been committed by the accused. In Criminal Revision No. 959 of 1953 the learned Magistrate who tried the case convicted the accused both under Section 440 and Section 323, I. P. C. The Magistrate awarded a sentence of six months rigorous imprisonment under section 440 I. P. C. and imposed a fine of Rs. 100/- each under Section 323, I. P. C. In Criminal Revision No. 2036 of 1953 also the Magistrate convicted the accused both under section 323 and Section 440 I. P. C. He awarded a sentence of six months rigorous imprisonment and a fine of Rs. 100/- to each accused under Section 323 and a similar sentence of. six months rigorous imprisonment and a fine of Rs. 150/- to each accused under Section 440, i. P. C. : the sentences of imprisonment, however, were directed to run concurrently. Appeals were preferred in both the cases