LAWS(MPH)-1992-6-1

KALYAN SINGH Vs. D P SINGH

Decided On June 15, 1992
KALYAN SINGH Appellant
V/S
D P Singh Respondents

JUDGEMENT

(1.) THIS petition raises an important question as to the implication and application of Sections 427 and 428 of Criminal Procedure Code.

(2.) THE petitioner, a surrendered dacoit and a convict, presently undergoing sentence of imprisonment for life, surrendered to custody before the Judicial Magistrate First Class, Morena on 27 -10 -1984 and the first conviction of 3 years' R.I. came on him on 15 -12 -1986 in Special Case No. 176/84 passed by Special Court, Sabalgarh.

(3.) THE second conviction of 7 years' R.I. came on him on 18 -11 -1987. Thereafter, while the petitioner was undergoing the sentence of 7 years' R.I. he was further convicted in four more cases to 7 years' R.I. in one case to 5 years R.I. and in two cases to imprisonment for life. The sentence of imprisonment for life was first passed on 11 -4 -1989 and the subsequent on 22 -2 -1990.