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Reg Vs. Rama Bhivgowda - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Judge
Reported in(1877)ILR1Bom223
AppellantReg
RespondentRama Bhivgowda
Excerpt:
the code of criminal procedure (act x of 1872), sections 314 and 18 - combined sentence for several offences--comfirmation--appeal. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj] caste certificate petitioner seeking appointment against the post reserved for member of schedule tribe his caste certificate was invalidated subsequently held, his appointment would not be protected. the observations/directions issued by supreme court in para 36 of judgment in the case of state v millind reported in 2001 91) mah. lj sc 1 is not the law declared.....1. the court consider that the combined sentence passed under section 314 of the code of criminal procedure, in a case of simultaneous convictions for several offences, must be considered a single sentence for the purpose of confirmation or appeal. the sentence of nine years' rigorous imprisonment in the present case, therefore, requires confirmation by the sessions judge (section 18). the proceedings are accordingly forwarded to the sessions judge for his order. should he confirm the sentence wholly or in part, he should return the proceedings to this court, in order that the appeal may be disposed of.
Judgment:

1. The Court consider that the combined sentence passed under Section 314 of the Code of Criminal Procedure, in a case of simultaneous convictions for several offences, must be considered a single sentence for the purpose of confirmation or appeal. The sentence of nine years' rigorous imprisonment in the present case, therefore, requires confirmation by the Sessions Judge (section 18). The proceedings are accordingly forwarded to the Sessions Judge for his order. Should he confirm the sentence wholly or in part, he should return the proceedings to this Court, in order that the appeal may be disposed of.


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