ANSARI Vs. STATE

JUDGEMENT

(1.) The petitioner herein stands convicted by the learned Judicial Magistrate, Uthamapalayam for an offence under Section 379 IPC in C.C. No. 175 of 2005 and sentenced to undergo 2 years rigorous imprisonment, by judgment dated 16.08.2005. The petitioner was also convicted in another case for offences under Sections 458, and 394 r/w 397 IPC and sentenced to undergo 7 years rigorous imprisonment by the Assistant Sessions Judge, Uthamapalayam in S.C. No. 213 of 2005 by judgment dated 31.03.2006. The present petition is filed under Section 482 Cr.P.C seeking an order from this Court directing the sentence of imprisonment imposed in both the cases to run concurrently. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent.

(2.) Section 427(1) of the Code of Criminal Procedure contemplates when a person already undergoing a sentence of imprisonment, is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, if directed by Court, the subsequent sentence shall run concurrently with such previous sentence.

(3.) In this case, the judgment in S.C. No. 213 of 2005 was pronounced by the Assistant Sessions Judge, Uthamapalayam convicting the accused and sentenced him to undergo 7 years rigorous imprisonment. No order was passed by the Sessions Court directing the said sentence to run concurrently with the sentence of imprisonment already imposed on the petitioner by the learned Judicial Magistrate, Uthamapalayam in C.C. No. 175 of 2005. At that time, no prayer was made before the learned Assistant Sessions Judge, Uthamapalayam, by the petitioner and it was not brought to the notice of the Court also. Now, the petitioner seeks this Court to invoke the power under Section 482 Cr.P.C. and to direct the sentence of imprisonment imposed in both the cases to run concurrently.