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1953 Supreme(Online)(Ker) 6

KERALA HIGH COURT
M. S. Menon, J
State v. Madhavan Pillai


Advocates:
For the Appellants/Petitioners: -
For the Respondents: -

1 The State has filed this petition to rectify certain illegalities concerning the sentence the learned Additional Sessions Judge of Quilon passed against accused 1 in Sessions
Case No. 23 of 1951 on the file of the Quilon Sessions Court Two persons were tried in that case for commission of offences punishable under S.307 and 104 T.P.C. and S.4(3) of the Travancore Explosives Act, Act XIII of 1116. While acquitting accused 2 of the offences with which he stood charged the learned Judge convicted accused 1 under S.324 T.P.C. (voluntarily causing hurt by dangerous weapons or means) and under S.4(3) of the Explosives Act (possession of dangerous explosives). In respect of the former offence he was sentenced to undergo rigorous imprisonment for one year and regarding the latter a fine of Rs. 100 was imposed. In default of payment of the fine he was to undergo rigorous imprisonment for three months, but the judgment directs that the substantive sentence under S.324 and the sentence of imprisonment in default of payment of the fine shall run concurrently. It is this direction that the two sentences of imprisonment should run concurrently that the State takes exception to. That direction





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