SHEKSHPEAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed the present petition under Art. 226 of the Constitution of India seeking quashment of order dated 04.05.2021 (Annexure P/6) passed by Additional Sessions Judge, Jashpur, District- Jashpur (C.G.) whereby application filed by the petitioner under Sec. 432 of Cr.P.C. for grant of relief to run all the sentences concurrently, has been rejected. He has also prayed for remission of sentences which is remaining or adjust the sentences of Ss. 363, 366, 376 and 346 of IPC with the sentence awarded in Sec. 302 of IPC which is already remitted by the State Government.

(2.) The brief facts, as projected by the petitioner, are that petitioner was convicted vide order dated 12.06.2002 (Annexure P/1) passed by Second Additional Session Judge (F.T.C.), Jashpur, District- Jashpur (C.G.) in Session Trial No. 52/2002 and sentences awarded to him in the following manner:-

(3.) The petitioner along with other co-accused namely Sanjeev Tirki challenged the order dated 12.06.2002 (Annexure P/1) passed by Second Additional Sessions Judge (F.T.C.), Jashpur before this Court and Hon'ble Divisional Bench of this Court vide its order dated 17.02.2010 (Annexure P/2) maintained the sentence awarded to the petitioner under Ss. 376/34 and 346/34 of IPC and altered conviction of the petitioner under Ss. 363/34, 366/34 and 302/34 of IPC as sentences under Ss. 363, 366 and 302 of IPC. The operative part of the order passed by this Court is extracted below:-