SANTOSH KUMAR Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 15.2.2005 of the learned Additional Sessions Judge in Crl. A. 47/04, upholding the order dated 8.3.2004 of the learned Metropolitan Magistrate, whereby the learned Magistrate held the petitioner guilty under Section 411, IPC and sentenced him to undergo R.I. for two years with a fine of Rs. 500/- and in default of payment of fine to further undergo S.I. for one month.

(2.) Learned Counsel for the petitioner confines himself only to the question of sentence inasmuch as that invokes this Court's power under Section 427 of the Code of Criminal Procedure to direct that sentence of imprisonment in all cases in which he has been convicted to run concurrently. From the nominal roll I find that the petitioner has been convicted in a case arising out of F.I.R. No. 194/2003 under Sections 279,338, IPC. He has also been convicted in case F.I.R. No. 192/2003 under Sections 397/411, IPC.

(3.) In view of the nature of the offence and his propensity, I do not think it proper to exercise the power under Section 427 of the Code of Criminal Procedure. However, in Crl. Rev. P. 527/2005 the petitioner has already undergone one year and four months of incarceration and he has also earned a remission of about four months. The unexpired period according to Counsel is approximately three months.