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Supreme Court of India 2019-02-14 partly_allowed

Gagan Kumar vs State of Punjab

Bench: 2 — Abhay Manohar Sapre

In Brief

Gagan Kumar was convicted under Sections 279 and 304A of the Indian Penal Code for a traffic-related incident causing death. The trial court sentenced him to two years imprisonment under Section 304A and six months under Section 279, but failed to specify whether these sentences would run concurrently or consecutively—a mandatory requirement under Section 31 of the Criminal Procedure Code. The High Court upheld the conviction without correcting this procedural defect. The Supreme Court allowed the appeal in part, confirming the conviction but modifying the order to direct that both sentences run concurrently, reflecting the case's nature and circumstances.

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Criminal Procedure Sentencing Multiple Offences

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