SHANKAR DIGAMBAR CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two petitioners are convicted for life imprisonment in Sessions Case No. 99 of 89 by the Additional Sessions Judge, Latur. They preferred appeal against that order of conviction and sentence being Criminal Appeal No. 143 of 90. When, the appeal was rejected, the order of conviction and sentence was confirmed by this Court as per the judgment dated 18-6-91.

(2.) EARLIER the petitioners were prosecuted for offence punishable under section 302 r. w. 34 of I. P. C. being the Sessions Case No. 14 of 84 before the Additional Sessions Judge, Latur. The petitioner Shankar Digambar Chavan was convicted for offence punishable under section 304 Part (I) I. P. C. and was sentenced to suffer R. I. for seven years and to pay a fine of Rs. 500/-, in default of payment of fine, to suffer R. I. for three months while the petitioner No. 2 Sheshrao Nivratti Rathodkar was convicted for offence punishable under section 325 r. w. 34 I. P. C. and was sentenced to suffer R. I. for three years and to pay a fine of Rs. 200/-, in default of payment of fine, to suffer further R. I. for two months. They had filed Criminal Appeal No. 261 of 84 against the order of conviction and sentence. They were released on bail on admission of the appeal. The said appeal was decided by this Court on 4-2-97. The appeal was rejected and the order of conviction and sentence were confirmed.

(3.) THE petitioners have now prayed that by applying the provisions of section 427 of Cr. P. C. it be ordered that the sentences passed against the petitioners in these two separate matters should run concurrently.