HITESH PRAVINCHAND SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE, Rule made returnable forthwith.

(2.) HEARD both sides.

(3.) CAN a person bestowed with only one life span be subjected to the sentence of two life imprisonments consecutively under different counts tried in the same case for same incident? This is the question raised in this writ petition filed by the petitioner convict who was tried and convicted by the additional Sessions Judge, Mumbai in Sessions Case No. 1015 of 1989. It would be just and proper on our part to refer to the facts involved briefly, in order to appreciate the issue involved in proper perspective. The petitioner was arrested by the police for offence of murder of his distant relatives wife on 27-6-1989 by throttling her neck violently and robbing of gold ornaments and diamonds totally valued at rs. 2,62,000/ -. He was arrested on 13-7-1989 at Vadodara and since then he is in prison. He was charged with offences punishable under Sections 302, 392 and 394 of i. P. C. The prosecution proved that the accused was responsible for death of Mrs. Sonal Shah and it was homicidal death which occurred on 27-6-1989 and was also held responsible for robbery of diamonds worth Rs. 2,62,000/- and for hurting Mrs. Sonal Shah in the course of the robbery. Needless to mention that all the acts were in the same incident.