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Judgment
N. Krishnaswamy Reddy, J.—This is a reference by the District Magistrate, Ramanathapuram, u/s 438, Criminal Procedure Code, for setting aside the conviction and sentence imposed u/s 279, Indian Penal Code, by the Sub-Magistrate, Srivilliputhur, in C.C. No. 4309 of 1968, on the ground that the sentence u/s 279, Indian Penal Code, cannot be sustained by virtue of Section 71, Indian Penal Code, as the accused has been convicted u/s 338, Indian Penal Code.
This reference is quite unwarranted. Section 279 and Section 338, Indian Penal Code, deal with separate and distinct offences. The gravamen of the charge u/s 279, Indian Penal Code, is rash and negligent driving on a Public way, whereas the gravamen of the charge u/s 338, Indian Penal Code, is. causing grievous hurt by rash and negligent driving in any place. Therefore, a person can be convicted for causing grievous hurt by rash and negligent driving and punished u/s 338, Indian Penal Code, and at the same time for rash and negligent driving on a public place, he can also be separately punished u/s 279, Indian Penal Code. There is no illegality in the conviction and. sentence passed by the Magistrate.
This reference is rejected.