BENSON Vs. STATE OF KERALA

JUDGEMENT

(1.) This criminal miscellaneous case was filed by the petitioner, who is a convicted prisoner undergoing imprisonment in Central Prison Viyyur, seeking the relief of concurrence of sentence in different cases, in which he was convicted and sentenced under Section 482 of the Code of Criminal Procedure. (hereinafter called the 'Code').

(2.) It is alleged in the petition that, the petitioner was an accused in five cases on the file of the Judicial First Class Magistrate Court-I, Chavakkad, and Sessions Court (Adhoc-II), Kottayam. He was convicted and sentenced in all these cases. Appeal filed against the order of conviction in those cases were dismissed by the appellate court. He is in jail since 06.04.2003. Almost ten years were lapsed after he was incarcinated in jail. The offences alleged against him are punishable under Section 379 of the Indian Penal Code evidenced by Annexure-A1 to A4. He is suffering from different types of ailments and undergoing treatment from Medical College, Thrissur, evidenced by Annexure-5. He has to be in jail for more than 23 years. Further all these sentence are allowed to suffer, his prime young age and opportunity to have a decent life in future will be lost to him. So he has no other remedy, except to approach this court, seeking the following relief: "It is most humbly prayed that this hon'ble court may be pleased to give direction to the respondents to run the sentence in all the five cases (CC158/2004 JFCM-I, Chavakkad, CC390/2004JFCM-I, Chavakkad, CC1039/2003 JFCM-I, Chavakkad, CC1168/2006 of JFCM, Kunnamkulam, S.C.171/2005, Sessions Court, Adhoc-II, Kottayam) concurrently".

(3.) On the basis of the allegations in the petition, a statement has been called for by the 2nd respondent and 2nd respondent filed a statement, which reads as follows: 1. It is most humbly submitted that convict prisoner No.9964, Benson, S/o.Lonappan, Kozhukullikkaran Veedu, Anthikkad P.S, Desom & Anthikkad P.O., Thrissur District, was admitted in Central Prison, Viyyur on 01.04.2012as transferred from Central Prison, Thiruvananthapuram. 2. It is submitted that, originally petitioner was convictedand sentenced to undergo Rigorous Imprisonment for 3 years in CC No.613/2003 by the Judicial First Class Magistrate Court, Thrissur on 20.11.2003. He obtained bail for this case on 24.11.2013 but continued in the jail itself for the pending cases. Later on 04.12.2003 he got out from the jail after getting bail for all the pending cases. He was re-admitted in the Central Prison, Viyyur on 26.04.2004 on confirming of the sentence in CC.No.612/2003 by the appeal court. Hence he has been in the prison continuously from 26.4.2004 onwards. 3. It is submitted that, at present he is sentenced for total of 29 years of imprisonment for 12 cases by various courts. In addition to the substantive sentences of 29 years he is fined for Rs.18,000/- in various cases and in default of fine, he has to undergo one year and 9 months of sentence for various cases. Out of 12 cases sentenced by various courts, the sentence in 6 cases have already been completed. Hence sentence in 6 cases remains. On calculating all the cases, the date of release falls on 02.09.2021 without fine and after calculating set off period, including fine it will be on 02.06.2023. 4. It is submitted that petitioner was convicted and sentenced for 12 cases by different courts. The details of each crime in his name is submitted herewith for kind perusal of this Hon'ble court. They are following; i) In CC.No.613/2003 he was convicted and sentenced to undergo rigorous imprisonment for 3 years U/s.379, 34 of IPC by Judicial First Class Magistrate Court-I, Thrissur on 20.11.2003. Bail granted on 24.11.2003, re-admitted pm 26.04.2004 / set off allowed for 97 days. ii) In CC.No.533/2004 he was convicted and sentenced to undergo rigorous imprisonment for 2 years U/s.392 of IPC by the Judicial First Class Magistrate Court-II, Thrissur on 08.05.2005 (set off allowed from 23.06.2003 to 22.10.2003 and 05.05.2004 to 07.06.2004- 521 days). iii) In CC.No.529/2004 he was convicted and sentenced to undergo rigorous imprisonment for 3 years U/s.141, r/w 34 of IPC by the Judicial First Class Magistrate Court-II, Thrissur on 14.06.2005. (st off from 26.06.2003 to 21.10.2003 and 05.05.2004 to 13.06.2005- 493 days). iv) In CC No.1270/2003 he was convicted and sentenced to undergo rigorous imprisonment for 2 years and fine of Rs.10,000/- i/d 2 months U/s. 451, 380 IPC by the Judicial First Class Magistrate Court, Changanassery on 18.06.2005 (set off allowed from 14.07.2003 to 04.12.2003 and 26.11.2004 to 17.06.2005 - 348 days). v) In CC.No.1115/2003 petitioner was convicted and sentenced to undergo rigorous imprisonment for 2 years and fine of Rs.2,000/- i/d. 2 months U/s.379, r/w 34 of IPC by the Judicial First Class Magistrate Court, Irinjalakkuda on 04.07.2005 (set off 26.06.2003 to 13.08.2003 and 17.06.2004 to 03.07.2005 - 402 days) vi) In CC.No.932/2003 petitioner was convicted and sentenced to undergo rigorous imprisonment for 2 years and fine of Rs.2,000/- i/d. 2 months U/s. 379 of IPC by the Judicial First Class Magistrate Court, Irinjalakkuda on 04.07.2005 (set off 26.06.2003 to 13.08.2003 and 17.06.2004 to 03.07.2005 - 465 days). vii) In SC No.171/2005 petitioner was convicted and sentenced to undergo rigorous imprisonment for 5 years U/s.392 & 120(b) of IPC by the Additional District and Sessions Court (Adhoc-II) Kottayam on 23.09.2008. (set off allowed from 06.04.2004 to 28.05.2005-418 days). viii) In CC No.390/2004 petitioner was convicted and sentenced to undergo rigorous imprisonment for 2 years and fine of Rs.1,000/- i/d. for payment of fine rigorous imprisonment for 3 months U/s.379, 414, r/w 34 of IPC by Judicial First Class Magistrate Court, Chavakkad on 25.01.2013. Appeal in this case was dismissed by the Sessions Court, Thrissur (set of allowed from 07.02.2006 to 26.06.2006-141 days). ix) In CC.No.1039/2003 petitioner was convicted and sentenced to undergo rigorous imprisonment for 2 years and fine of Rs.1,000/- i/d RI for 3 months U/s. 379, r/w 34 of IPC by the Judicial First Class Magistrate Court- I, Chavakkad on 26.06.2006. The appeal was dismissed by the Sessions Court, Thrissur on 16.01.2013 (set off allowed from 31.10.2005 to 27.06.2006-240 days). x) In CC No.1168/2006 petitioner was convicted and sentenced to undergo SI for 1 year and fine of Rs.1,000/- i/d SI for 6 months U/s. 379, r/w 34 of IPC by the Judicial First Class Magistrate Court, Kunnamkulam. (set off allowed from 11.11.2003 to 24.11.2003 -14 days) set of also allowed from 02.08.2006 to 30.12.2008). xi) In CC.No.274/2004 petitioner was convicted and sentenced to undergo SI for 3 years U/s. 205, r/w.419 of IPC by the Judicial First Class Magistrate Court, Kodungallur on 30.09.2008 (set off 13.08.2007 to 29.09.2008 - 414 days). xii) In CC.No.158/2004 petitioner was convicted and sentenced to undergo rigorous imprisonment for 2 years and fine of Rs.1,000/- i/d. SI for 3 months U/s. 379, 414, 39 of IPC by the Judicial First Class Magistrate Court, Chavakkad on 28.06.2006 (set off 16.07.2005 to 27.06.2006 -347 days).