CHITHIRAIVEL Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking a direction to direct the petitioner to serve the sentence imposed on the petitioner, in judgment by the Assistant Sessions and Chief Judicial Magistrate Court, Nagercoil in S.C.No.74 of 2007, dated 10.04.2008, which was reduced in the judgment by this Court in Crl.A(MD)No.253 of 2008, dated 26.09.2018 may have to be undergone by the petitioner and the latter sentence imposed in the judgment by the Assistant Sessions and Chief Judicial Magistrate Court, Nagercoil in S.C.No.73 of 2007, dated 10.04.2008, which was reduced in the judgment by this Court in Crl.A(MD)No.254 of 2008, dated 27.09.2018, to run concurrently.

(2.) The learned counsel for the petitioner would submit that the petitioner had undergone trial in two cases for the offence under Sections 457 (1) and 395 of IPC., in S.C.No.73 of 2007 and under Sections 457(1) and 397 of IPC., in S.C.No.74 of 2007 on the file of the Assistant Sessions and Chief Judicial Magistrate Court, Nagercoil. He was convicted and sentenced to undergo three years rigorous imprisonment for the offence under Section 457(1) of IPC., and to undergo ten years rigorous imprisonment for the offence under Section 395 of IPC in S.C.No.73 of 2007 and to undergo rigorous imprisonment for a period of three years for the offence under Section 457(1) of IPC., and to undergo rigorous imprisonment for a period of ten years for the offence under Section 395 of IPC in S.C.No.74 of 2007. As against both conviction, the petitioner filed an appeal before this Court and the sentence of 10 years imposed for the offence under Sections 395 of IPC., and 397 of IPC., reduced to 7 years. In each case, the petitioner shall undergo imprisonment concurrently. He further submitted that the petitioner have five daughters and all of them are at the stage of getting married. If the petitioner is directed to undergo imprisonment continuously, his entire life will be in futile and he would not see the colour of his life. Therefore, he prays for a direction to run the sentence concurrently.

(3.) The learned Government Advocate (Crl.side) submitted that the petitioner have committed very serious offence under Sections 457(1), 397 and 395 of IPC., and the trial Court rightly convicted and sentenced to undergo imprisonment concurrently in each cases.