JUDGMENT - A.D. TATED, J.:---The respondent No. 1 accused was prosecuted by the Municipal Corporation of Greater Bombay for the offence under section 394(1)(e)(i) read with section 471 of the Bombay Municipal Corporation Act. (Bombay Act No. III of 1888). The Municipal Corporation of Greater Bombay had filed two cases, one for the offence committed on 27th February, 1985 and the second for the offence committed on 11th February, 1985. Both the cases were before the 39th Metropolitan Magistrate, Vile Parle, Bombay, being Case Nos. 1148/ML of 1985 and 570/ML of 1985. The accused was found doing the business of stone-cutting and polishing at Mehta Industrial Estate, Malad (West), Bombay, without a licence under section 394 of the said Act on 11th and 27th February, 1985 and therefore, for the offence committed on those two dates two cases were filed against the accused. The accused on 6th June, 1985 submitted an application under section 219 Cri.P.C. to the learned Metropolitan Magistrate and prayed that under the provisions of that section both offences may be considered together by granting him the benefit of the provisions of that section. The Junior Legal Assistant Prosecutor (B/North) appearing before the learned Metropolitan Magistrate recorded his "No objection" on the application of the accused, but he recorded therein that separate fine be imposed in each case. The accused pleaded guilty to the charge levelled against him and the learned Metropolitan Magistrate accepted the plea of guilty and convicted the accused for the offence mentioned above and sentenced him to pay a fine of Rs. 350/- or, in default, to suffer S.I. for 35 days. 2. The Municipal Corporation of Greater Bombay has moved this criminal application and it is their contention that the learned Metropolitan Magistrate was wrong in imposing a consolidated fine of Rs. 350/- in both the cases which were tried together as per the provisions of section 219 Criminal Procedure Code. 3. The learned Counsel appearing for the petitioner-Corporation contends that for the offence under section 394(1)(e)(i) of the Bombay Municipal Corporation Act the punishment provided in section 471 is Rs. 1000/- subject to a minimum fine which shall not be less than Rs. 200/-. Therefore, according to him, the learned Metropolitan Magistrate should have imposed not less than the minimum fine of Rs. 200/- in each case and the consolidated fine Rs. 350/- for two cases is not legal. 1000/- subject to a minimum fine which shall not be less than Rs. 200/-. Therefore, according to him, the learned Metropolitan Magistrate should have imposed not less than the minimum fine of Rs. 200/- in each case and the consolidated fine Rs. 350/- for two cases is not legal. He submits that the three offences of the same kind committed during the space of 12 months for which the accused has been charge-sheeted can be tried together as per the provisions of section 219 Cri.P.C., but for each offence, if proved, separate punishment has to be imposed. Section 219 Cri.P.C. reads as follows :--- "219. (1) When a person is accused of more offence than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three. (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code or of any special or local law : Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code shall be deemed to be an offence of the same kind as an office punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence." In view of the above provisions of section 219 Cri.P.C. a person committing three offences of the same kind within a period of 12 months can be tried at one trial for those offences, but each offence has to be separately proved and, if proved, separate sentence according to law will have to be passed for each of the offences proved. Suppose a person commits an offence under section 411 I.P.C. by knowingly purchasing stolen property on three different dates within a period of 12 months, he can be tried for those three offences at one trial and if those three offences are proved, he will have to be sentenced separately for each of the three offences. Suppose a person commits an offence under section 411 I.P.C. by knowingly purchasing stolen property on three different dates within a period of 12 months, he can be tried for those three offences at one trial and if those three offences are proved, he will have to be sentenced separately for each of the three offences. In case only one or two offences are proved, he will have to be convicted and sentenced only for those offences and will have to be acquitted of the offence which is not proved, though the trial was one for all the three offences. 4. In the present case at the instance of the respondent No. 1 accused two cases for the same kind of offence were tried together and the accused pleaded guilty and the learned Metropolitan Magistrate accepted the plea of guilty and convicted him of the said offences. It was necessary for the learned Metropolitan Magistrate to convict the accused of each offence and pass separate sentences for both the offences to which the accused pleaded guilty. The sentence of consolidated fine of Rs. 350/- passed by the learned Metropolitan Magistrate is not legal. Consequently, the criminal application will have to be allowed. 5. I, accordingly allow the application and set aside the consolidated fine of Rs. 350/- awarded by the learned Metropolitan Magistrate and sentence the respondent No. 1 accused to pay a fine of Rs. 200/- in each case, or, in default, to suffer S.I. for 15 days. The rule is thus made absolute. Application allowed. -----