HARINARAINSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution of India, the petitioners have approached this Court for issue of a writ in the nature of mandamus or any other appropriate writ commanding the respondents to release the petitioners forthwith holding that the sentences awarded to the petitioners in Sessions Trial No. 119 of 1977 and Sessions Trial No. 280 of 1985 have to run concurrently and not consecutively.

(2.) The petitioners had been convicted under Section 302, I.P.C. 302/149 I.P.C. other offences in Sessions Trial No. 119 of 1977 and sentenced to undergo rigorous imprisonment for life. The judgment of conviction and sentences passed against them was confirmed by the High Court in Cr. Appeal No. 308 of 1979 and a Special Leave Petition (Criminal) No. 684 of 1985 against the judgment and order of this Court before the Supreme Court, was also dismissed. While serving sentence of R.I. for life, the petitioners were tried in Sessions Trial No. 280 of 1985 on the charge of committing murder which took place on 25th of August, 1982. By judgment passed in Sessions Trial No. 280 of 1985, the learned Sessions Judge convicted the petitioners-Parmanand Singh and Shyam Singh under Section 302 I.P.C. and sentenced them to death. The other four petitioners was convicted under Section 302/149 I.P.C. and each of them was sentenced to undergo RI for life. In Death Reference Case No. 2 of 1985 and other appeals preferred against the judgment or conviction and sentence, this Court affirmed the conviction of the petitioners but modified the sentence of death passed by the Sessions Judge against the petitioners-Parmanand Singh and Shyam Singh to life imprisonment. The appeal preferred against the judgment passed by the High Court in a Special Leave Petititon in the Supreme Court was rejected.

(3.) Heard learned Counsel for the petitioners and learned Government Advocate.