RAYA GOPAL MOON Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent of Mr. N.S. Bhat, learned Advocate for the petitioner and Mr. T.A. Mirza, learned Additional Public Prosecutor for the respondents, rule is made returnable forthwith and the matter is heard finally.

(2.) The petitioner has been convicted in two cases. The prayer of the petitioner is that the sentence of imprisonment imposed on him in the two cases be made concurrent. The first case is Criminal Case No. 127/02 which was decided by the learned J.M.F.C., Pulgaon by judgment and order dated 20.10.2004. In this case, he was convicted under Section 380 of Indian Penal Code and sentenced to R.I. for 2 years. Being aggrieved by the said conviction and sentence, the petitioner preferred Criminal Appeal No. 47/2004 before Sessions Court, Wardha. The appeal was dismissed by judgment and order dated 16.9.2009. The conviction under Section 380 and the sentence was maintained.

(3.) In the second case by judgment and order dated 12.1.2007 in Sessions Trial No. 155/05 the petitioner was convicted by the learned Adhoc Additional Sessions Judge, Wardha under Section 395 IPC. In the said case, he was sentenced to imprisonment for 5 years. Being aggrieved by the said conviction and sentence, the petitioner preferred Criminal Appeal No. 56/07 before this Court. The said appeal was dismissed. However, being aggrieved by the quantum of sentence of 5 years under Section 395 IPC, the State preferred an appeal being Criminal Appeal No. 330/07 for enhancement of sentence. The said appeal was allowed by common judgment and order dated 28.3.2008. The conviction under Section 395 was upheld and the sentence of imprisonment was enhanced to ten years.