RAJARAM TAKIRI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE two applications have been registered under Section 482 of the Code of Criminal Procedure (in short, the 'Code of Criminal Procedure'), on the basis of two representations sent by the convict from the jail.

(2.) THE applicant was convicted under Sections 366/376/506/342 of the Indian Penal Code (in short, the 'I.P.C.') and sentenced to undergo R.I. for seven years on each count under Sections 366 and 376 and R.I. for on year under Section 506 and for six months under Section 342, I.P.C. in Sessions Case No. 16 of 1994 by the Asst. Sessions Judge, Sunupur, by judgment dated 9th June, 1995. In Jail Criminal Appeal No. 311 of 1995 filed against the aforesaid decision, while setting aside the conviction under Sections 366, 506 and 342, Indian Penal Code, the conviction under Section 376, I.P.C. was confirmed and the sentence of seven years R.I. was modified to three years R.I. and fine of Rs. 1,000/ - by judgment dated 30.1.1997 by the High Court. The Petitioner also faced a separate trial for a subsequent offence of similar nature and was convicted under Sections 342/506/366/376, I.P.C., and sentenced to undergo R.I. for six months, one year, seven years and seven years respectively on each count by judgment dated 19.9.1995 passed in Sessions Case No. 4 of 1995. Against the aforesaid order of conviction, Jail Criminal Appeal No. 332 of 1995 was filed wherein while confirming the order of conviction, the sentence was reduced to R.I. for four years under Sections 366 and 376, I.P.C. by the High Court by judgment dated 9th December, 1997. All the sentences were directed to run concurrently. The two present petitions have been filed by the convicted person for a direction that the sentences in both the criminal appeals should be directed to run concurrently.

(3.) THE question is whether such a course should be adopted in the present case. A perusal of the judgments in the two appeals namely, jail Criminal Appeal No. 331 of 1995 and Jail Criminal Appeal No. 332 of 1995 and the connected records, indicates the following undisputed facts: