A PALANISAMY Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) INVOKING the inherent jurisdiction of this Court under Section 482 of Cr.P.C. the petitioner has preferred this petition to direct the sentence of seven years of rigorous imprisonment imposed on him in C.A.No.484 of 2002 in S.C.No.186 of 2001, on the file of the learned Principal Sessions Court, Coimbatore to run concurrently with the sentence of ten years of rigorous imprisonment imposed on him in C.A.No.99 of 2000 in S.C.No. 120 of 1989 on the file of the Sessions Court, Coimbatore.

(2.) THE petitioner had been facing the trial in two sessions cases viz. S.C.No. 120 of 1999 and 186 of 2001, for the offence under Section 302 of I.P.C. respectively, on the file of the learned Principal Sessions Court, Coimbatore.

(3.) WHILE he was on suspension of sentence in appeal in C.A.No.99 of 2000, he was charged for an offence under Section 302 of I.P.C. in connection with the case in Crime No.341 of 2000, on the file of the second respondent herein. In the meantime, the trial proceedings were initiated in S.C.No. 186 of 2001 in respect of the case in Crime No.341 of 2000, on the file of the learned Principal Sessions Court, Coimbatore and on completion of trial, the petitioner was found guilty under Section 302 I.P.C. convicted thereunder on 10.10.2001 and sentenced to suffer life imprisonment. Challenging the order of conviction, the petitioner had also filed an appeal before this Court in C.A.No.484 of 2002 and on final hearing the petitioner was found guilty under Section 304(i) I.P.C. instead of 302 I.P.C. and sentenced to suffer seven years of rigorous imprisonment by the Judgment dated 28.10.2004.