RAMCHARAN Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of CrPC praying for a direction that sentence passed against him in Criminal Case No.337/1993 by JMFC. Sheopurkalan, is to run concurrently with the sentence of life imprisonment awarded to him in Sessions Trial No.161/1997 by Additional Sessions Judge, Sheopurkalan.

(2.) In Criminal case No.337/1993, petitioner was convicted for the offence punishable under Section 25(lB)(a) of the Arms Act and sentenced to undergo RI of one year with a fine of Rs.100 by judgment dated 28.9.2000 and thereafter the petitioner was convicted in Sessions Trial No.161/1997 under Section 302 or in the alternative 302/34 of IPC and sentenced to life imprisonment with fine of Rs. 1,000 vide judgment dated 21.12.2000.

(3.) Learned counsel for the petitioner submits that in view of the provisions of Section 427 of Cr PC petitioner, who was convicted under Section 25(lB)(a) of the Arms Act and was sentenced to suffer RI of one year, has to undergo that sentence first and subsequent sentence awarded by Additional Sessions Judge under Section 302 of IPC on 21.12.2000 would commence after expiry of previous sentence. Therefore; it is essential for securing the ends of justice that the sentences imposed upon him in both the cases be directed to run concurrently.