DANDUPALYA KRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed by the petitioner accused under Articles 226 and 227 of the Constitution of India read with Sec. 482 of Cr.P.C. praying for issuance of mandamus to the Chief Superintendent of Jail, Belgaum, for providing the benefit of concurrent sentence under Sec. 427(2) of Cr.P.C. along with the sentences already suffered by the petitioner in other cases and to direct the jail authorities to place the case of the petitioner before the Advisory Board for granting any remission of the sentence of life.

(2.) Heard the learned Senior Counsel for the petitioner-accused and learned High Court Government Pleader for the respondent-State.

(3.) The learned Senior Counsel for the petitioner submits that, previously, the accused was convicted in various cases and all the sentences run concurrently. Subsequent to the petitioner filing criminal appeals, the learned Division Bench got modified the sentences and thereafter, the Superintendent of Jail submitted a list of cases, but the Superintendent of police left out two cases in S.C.No.420/2003 c/w. S.C.No.422/2003 and S.C.No.423/2003 on the file of the XXXIV Additional City Civil Sessions Judge and Special Court Of Central Prison, Bangalore, and C.C. No.73/2002 on the file of the Principal Civil Judge (Jr. Division) and JMFC, Srirangapatna. The aforesaid Courts by orders dtd. 3/6/2004 and 27/8/2008 respectively, have passed the judgment of conviction.