In Brief
Gagan Kumar was convicted by the Judicial Magistrate under Sections 279 and 304A of the Indian Penal Code (rash/negligent driving and death by negligence). He received two separate sentences: 2 years rigorous imprisonment under Section 304A and 6 months under Section 279, each with fines. The Supreme Court upheld both convictions but found that the Magistrate failed to comply with Section 31 of the CrPC, which mandates specification of whether multiple sentences run concurrently or consecutively. The Court corrected this omission, directing that both sentences run concurrently, thereby reducing effective imprisonment to 2 years.
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