M R KUDVA Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Petition is filed by K.R. Kudva-M in C.C.5 of 1993 with a prayer to modify the order dated 6-8-1997 passed by the Special Judge for CBI Cases and to direct the sentences awarded in C.C.9 of 1992 and C.C.5 of 1993 to run concurrently in terms of the provisions of Section 427 Cr.P.C.

(2.) The petitioner is A1 in C.C.5 of 1993 and C.C.9 of 1992. He along with other accused persons was put on trial before the Special Judge for CBI Cases, Hyderabad for the offences under Sections 120-B, 420, 471, 468 and 471 IPC and Section 5(2) read with 5(1)(d) of Prevention of Corruption Act, 1947 in C.C.9 of 1992. The learned Special Judge for CBI Cases by his judgment dated 4.7.1997 found the petitioner-A1 guilty for the offences under Sections 120-B, 420, 468 and 471 IPC and Section 5(2) read with 5(l)(d) of P.C. Act, 1947 and convicted him accordingly and sentenced to suffer rigorous imprisonment for eighteen months and pay a fine of Rs.2,000/- in default to suffer simple imprisonment for two months under Section 120B IPC; rigorous imprisonment for eighteen months and fine of Rs.3,000/- in default to suffer simple imprisonment for three months under Section 420 IPC; rigorous imprisonment for eighteen months and fine of Rs.2,000/- in default to suffer simple imprisonment for two months under Section 468 IPC; rigorous imprisonment for eighteen months and fine of Rs. 1,000/- in default to suffer simple imprisonment for one month under Section 471 IPC; and rigorous imprisonment for eighteen months and fine of Rs.2,000/- in default simple imprisonment for two months under Section 5(2) read with 5(1)(d) of P.C. Act. The petitioner along with other accused persons was also put on trial before the Special Judge for CBI Cases, Hyderabad for the offences under Sections 120(B), 420, 468 and 471 IPC and Section 5(2) read with 5(l)(d) of P.C. Act, 1947 in C.C.5/93. The learned Special Judge for CBI Cases by his judgment dated 6.8.1997 found the petitioner-A1 guilty for the offences under Section 5(2) read with 5(1)(d) of P.C. Act, 1947 and under Sections 120B, 420, 468 and 471 IPC and convicted him accordingly and sentenced him to suffer rigorous imprisonment for two years and pay a fine of Rs.2,000/- in default to suffer simple imprisonment for two months for the offence under Section 120B IPC; rigorous imprisonment for two years and fine of Rs.3,000/- in default to suffer simple imprisonment for three months for the offence under Section 420 IPC; rigorous imprisonment for two years and fine of Rs.2,000/- in default to suffer simple imprisonment for two months for the offence under Section 468 IPC; rigorous imprisonment for two years and fine of Rs.2,000/- in default to suffer simple imprisonment for two months for the offence under Section 471 IPC; rigorous imprisonment for two years and fine of Rs.2,000/- in default to suffer simple imprisonment for two months for the offence under Sections 5(2) read with 5(1)(d) of Prevention of Corruption Act, 1947. Assailing the judgment of conviction and sentence passed against the petitioner in C.C.9 of 1992, he filed Crl. A.792 of 1997 and whereas assailing the judgment of conviction sentence passed in C.C.5 of 1993, he filed Crl.A.No.894 of 1997. Both the Criminal Appeals ended in dismissal confirming the convictions and sentences. It appears the petitioner-A1 challenged the convictions and sentences by filing Special Leave Petitions (Criminal) Nos.3456 and 3457 of 2005 before the Supreme Court. The petitioner-A1 has come up with this Criminal Petition under Section 482 read with Section 427 Cr.P.C with a prayer to modify the order dated 6.8.1987 passed by Special Judge for CBI Cases, Hyderabad in C.C.5/93 and direct that the sentences awarded in C.C.9/ 92 and C.C.5/93 to run concurrently.

(3.) Heard learned Counsel appearing for the petitioner-Al and learned Special Public Prosecutor for CBI appearing for respondent.