ULAHANNANALIASYOHANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is presently undergoing imprisonment in the Central Prison, Trivandrum pursuant to the conviction for the offence under Section 302 and 307 of the I.P.C. imposed by the 4th Additional Sessions Court, Ernakulam in S.C.17/1991 which was confirmed by a Bench of this Court in Crl.A.127/1993. The petitioner had been convicted earlier in C.C.265.1989 of the J.F.C.M.Court, Kolencherry for the offence under Sections 323 and 326 read with Section 34 of the I.P.C. Though the said conviction was confirmed by the Appellate Court, this Court in C.R.P.671/1993 reduced the sentrence from R.I for two years and fine of Rs.500/- to R.I. for six months. The present prayer is that the sentences imposed in these two cases namely S.C.17/1991 of the 4th Additional Sessions Court, Ernakulam and in C.C.265/1989 of the J.F.C.M.Court, Kolencherry might be made concurrent.

(2.) The learned Public Prosecutor objects the prayer. It is pointed out that it was one of the victims in C.C.265/1989 who was done away within the incident that was the subject matter of S.C.17/1991 and that the two incidents took place within a span of less than 1 months.

(3.) The petitioner was represented before me by Sri.P.T.Girijan engaged on a crown defence. He place reliance on the decision in Zahid Hussein and others v. State of West Bengal and another (2001 (3) SCC 750) to contend that it is appropriate to make the sentences in the two cases concurrent.