Basiruddin and Others vs King-Emperor

In this case the petitioners have been convicted u/s 117, I.P.C. and sentenced to nine months'' rigorous imprisonment. They have also been convicted u/s 325 read with Section 149, I.P.C. and sentenced to nine months'' rigorous imprisonment each the sentences to run consecutively. The separate sentences under these two sections are clearly illegal in view of the provisions of Section 71, I.P.C. Kiamuddi Karikar Vs. King-Emperor, . We accordingly set aside the sentences passed u/s 147, I.P.C. The petitioners will serve out the sentence of nine months'' rigorous imprisonment u/s 325, 149, I.P.C. The order u/s 106, Criminal P.C. upon the accused is maintained.