NIMMAKAYALA ESWARAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) While the petitioner's husband was on parole during the course of undergoing the sentence of imprisonment for life in pursuance of the conviction and sentence passed in SC No. 75/79, on 16-6-1980, he committed another murder and the same was tifed on SCNo. 127/85 bv the District and Sessions Judge Cuddapah, who convicted him and sentenced him to undefgo imprisonment for life on 27-1-1986, But the sentence in S C No. 127/85 was not directed to run concurrently. It is contended for the petitioner that the second sentence of imprisonment for life should have been ordered to run concurrently with the first sentence imposed on 16-6-1980. It is further contended for the petitioner that the provisions of S. 427 (2), Code of Criminal Procedure, which ate mandatory in nature, have not been taken into consideration while passing the Judgment on 27-1-1986. Section 427 (2) reads as follows :-

(2.) However, Courts should no loss sight of the provisions of S. 433 A of the Code of Criminal Procedure Section 433 A reads thus :-

(3.) As the subsequent sentence passed in S C.No. 127/85 is also one for life we have to direct, having regard to the above, that the same shall run concurrently with the previous sentence of imprisonment for life imposed in 8 C. No. 76/79 which he is already undergoing and the direction is accordingly made