BIJAYA KUMAR PATNAIK Vs. STATE

JUDGEMENT

(1.) The convict Bijaya Kumar Patnaik has made an application in this Court for an order under Section 427 of the Code of Criminal Procedure so that the sentences of imprisonment passed against him in C. R. Case Nos. 12 and 13 of 1983 by Mr. S. K. Panda, judicial Magistrate, First Class, Berhampur, and maintained by Mr. S. K. Patel, Additional Sessions Judge, Berhampur, in Jail Criminal Appeal No. ,1 of 1985 ( 147 of 1984 -GDC ) and Jail Criminal Appeal No. 2 of 1985 (148 of 1984 -GDC) would run concurrently. In each of the two cases, he has been convicted under Sections 457 and 380 of the Indian Penal Code ('the Code', for short) and sentenced to undergo rigorous imprisonment for a period of two years in respect of both the offences which were to run concurrently and in addition, sentenced to pay a fine of Rs. 250/ -for each of the two offences and in default of payment thereof, to undergo rigorous imprisonment for a period of two months. The convict seeks an order that the sentences of imprisonment passed in both the cases should run concurrently. While examining the records, it came to my notice that the orders of conviction recorded against the convict in both the cases were unfounded.

(2.) THE co -accused Pradip Kumar Das had also been convicted in the aforesaid two cases and had been sentenced similarly and his Jail Criminal Appeal No. 128 of 1985 ( 145 of 1984 -GDC) and Jail Criminal Appeal No. 129 of 1985 (146 of 1984 -GDC) were pending. The learned appellate judge was directed to dispose of the appeals and transmit the records of the two appeals with the records of the trial Court for reference. Mr. P. K. Tripathy, Additional Sessions Judge, Berhampur, dismissed both the appeals preferred by the convict Pradip Kumar Das and transmitted the records to this Court.

(3.) I have heard Mr. Indrajit Ray, the learned Additional Government Advocate for the State and Mr. Sanjit Mohanty who has appeared on behalf of the convicts as amicus curiae.