GUNJA YESU Vs. THE STATE OF TELANGANA

JUDGEMENT

(1.) THIS is a Criminal Petition under Sections 427 read with 482 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) (for short, 'the Cr.P.C.') by the petitioners/accused ('the convict prisoners' for brevity) seeking a direction that the sentences imposed on the two convict prisoners namely, Gunja Yesu S/o. Venkateswarlu and Makkela Nagaiah @ Nagaraju S/o. late Guravaiah in (i) C.C. No. 187/2006 on the file of the Court of the learned Judicial Magistrate of First Class, Tiruvuru, for the offence punishable under Section 394 of the IPC (ii) C.C. No. 188/2006 on the file of the Court of the learned Judicial Magistrate of First Class, Tiruvuru, for the offence punishable under Section 411 of the IPC (iii) C.C. No. 222/2006 on the file of the Court of the learned Judicial Magistrate of First Class, Nuzvid, for the offences punishable under Section 341 and 392 read with Section 34 of the IPC (iv) C.C. No. 458/2006 on the file of the Court of the learned Judicial Magistrate of First Class, Sattupalli of Khammam for the offence punishable under Section 392 of the IPC and (v) C.C. No. 459/2006 on the file of the Court of the learned Judicial Magistrate of First Class, Sathupalli for the offence punishable under Section 392 of the IPC shall run concurrently with the life imprisonment awarded to the very same convict prisoners in S.C. No. 199/2008 on the file of the Court of the learned III Additional Sessions Judge (Judge, FTC), Khammam for the offences punishable under Sections 302 and 307 read with Section 34 of the Indian Penal Code.

(2.) I have heard the submissions of the learned counsel for the convict prisoners and the learned Additional Public Prosecutor for the respondent/State. I have carefully perused the material record.

(3.) NOW the point for consideration is - 'Whether this Court, while exercising revisional jurisdiction and/or in exercise of its inherent power under Section 482 of the Cr.P.C. can direct that the sentences, which have been passed by different Courts against the convict prisoners, shall run concurrently with the imprisonments for life imposed against the accused in a Sessions Case, as provided under Section 427 of the Cr.P.C. though the said convictions and sentences have become final?' And, if so, whether the convict prisoners are entitled to the relief claimed?