MANI Vs. STATE OF KERALA

JUDGEMENT

(1.) These cases had earlier come up for hearing before one of us (the Acting Chief Justice) and Justice Vadakkel when the court passed the following order:

(2.) The questions which relate to sentencing process were argued over a wide canvass - really a review of jural perspectives - by both the learned Public Prosecutor and Mr. S. Sivaraman, Advocate as amicus curiae. We think we should express our thanks to both the counsel who enabled us to make an analysis of the present day trends in sentencing which may be of some help to the courts below in the matter of deciding on the punishment that should be imposed.

(3.) It will be useful to refer to what a learned author of considerable repute, R. M. Jackson. Emeritus Downing Professor of the Laws of England in the University of Cambridge says of the English practice in respect of consecutive and concurrent sentences in his work 'The Machinery of Justice in England' (Seventh Edition) Pages 378, 379 and 380.