1. The offences under Sections 457 and 380 of the Indian Penal Code not being distinct offences (see illustration to Section 35, Criminal
Procedure Code) the trying Magistrate''s ordinary jurisdiction was not enhanced by the provisions of para 2 and proviso (b) of Section 35,
Criminal Procedure Code, and the Magistrate was not competent to pass sentences exceeding in the aggregate two years imprisonment. See
Queen Empress v. Malu (1899) 1 Bom. L.R. 142 : ILR 23 Bom. 706. We alter the two separate sentences to one of two years rigorous
imprisonment.
