SANJEEV MEENA Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 482 of Code of Criminal procedure praying for a direction that the sentence passed against him in Cr. appeal no. 44 of 2008 by Sessions Judge, Guna by which, his appeal against judgment passed by JMFC Raghogarh convicting him under section 224 of IPC and sentencing him for two years Rigorous Imprisonment and to pay fine of Rs. 1000/- was dismissed on the ground of limitation. That sentence is to run concurrently with the sentence of life imprisonment awarded to him in Sessions trial no. 321 of 2005 by ASJ, Chachoda on 29-11-2006.

(2.) IN Sessions trial No. 321 of 2005, petitioner was convicted for offence under section 302 of IPC and sentenced to life imprisonment with some fine vide judgment dated 29-11-2006 and then petitioner was convicted on 24-3-2007 by the Court of JMFC raghogarh under Section 224 of IPC and sentenced to undergo Two years Rigorous imprisonment and to pay fine of Rs. 1000/ -. Appeal was preferred against judgment of conviction and sentence of JMFC, raghogarh which was dismissed on the ground of limitation.

(3.) LEARNED counsel for the petitioner submits that in view of the provisions of section 427 of Cr. P. C. petitioner who was convicted under Section 302, of IPC on 29-11-2006 and was sentenced to Rigorous imprisonment for life has to undergo that sentence first and subsequent sentence awarded by JMFC under Section 224 of IPC on 24-3-2007 may 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.