RAMBHAJAN Vs. STATE OF MP AND OTHERS

JUDGEMENT

(1.) This application under section 482 of CrPC, 1973 has been filed for issuing a direction that the jail sentence awarded to the applicant in two criminal cases be directed to run concurrently. The necessary facts for the disposal of the present application in short are that the applicant was initially tried for offence under Sections 341, 148, 302, 149, 324/149 and 325/149 of IPC and by judgment dated 25/01/2000 passed by Fourth Additional Sessions Judge, Morena in Sessions Trial No. 242/1990, the applicant was convicted and was awarded life imprisonment and a fine of Rs. 5000/-. It is mentioned that the appeal arising out of the said judgment is still pending before this Court. Thereafter, in the year 2006, another Criminal Case for offence under Section 25(1-A) of Arms Act was registered as Criminal Case No.1122/2006. The said Criminal Case has been decided by judgment and sentence dated 22/11/2011 passed by Additional Chief Judicial Magistrate, Jaura, District Morena and the applicant has been convicted under Section 25(1-A) of Arms Act and has been sentenced to undergo the rigorous imprisonment of one year and fine of Rs. 500/-.

(2.) The applicant being aggrieved by the judgment and sentence dated 22/11/2011, passed by the Court of Additional Chief Judicial Magistrate, Jaura, District Morena, filed an appeal, which was dismissed by the appellate Court by judgment dated 11/04/2012 passed by Second Additional Sessions Judge, Jaura, District Morena in Criminal Appeal No. 179/2011 and the orders passed by the Additional Chief Judicial Magistrate, Jaura, District Morena and Second Additional Additional Sessions Judge, Jaura, District Morena were affirmed by this Court by order dated 25/01/2018 passed in Criminal Revision No.447/2012.

(3.) It is submitted by the counsel for the applicant that since the applicant has been awarded life imprisonment in Sessions Trial No.240/1990 and subsequently he was awarded the rigorous imprisonment of one year and a fine of Rs. 500/- in another case registered under Section 25(1-A) of Arms Act and, therefore, the sentence awarded by the Additional Chief Judicial Magistrate, Jaura, District Morena for offence under Section 25(1-A) of Arms Act, be directed to run concurrently with life imprisonment, which has been awarded to the applicant on earlier occasion.