SUBASH DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) BY this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "CrPC"), the petitioners urge for a direction that the sentences passed in S.T. No. 22 (ST/S)/2004, dated 12.05.2005, which were confirmed by a Division Bench of this Court in common judgment and order dated 12.08.2011, as passed in Criminal Appeals Nos. 57 of 2005, 37 of 2008, 46 of 2008 and 80 of 2009, shall run concurrently instead of consecutively as directed.

(2.) THIS petition having been filed under Section 482 Cr.P.C. read with Article 227 of the Constitution of India, is based on the provision of Section 31 of Cr.PC., which provides limits of punishment of offence made up of several offences. Section 71 of the Indian Penal Code and runs as follows :-

(3.) AFTER the judgment and order dated 12.08.2011, as passed in the said Criminal Appeals, this High Court has become functus officio. Section 362 Cr.P.C. has provided a bar to alter the judgment. It provides that save as otherwise provided by the Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.