MOHAMMAD ALI Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This criminal revision is directed against the order of the learned Sessions Judge, Leh dated 25/10/1986 dismissing nine criminal appeals of the petitioner and confirming the conviction and sentence recorded by the learned Chief Judicial Magistrate, Leh in each of such cases in so far as the sentences have not been made to run concurrently in all the cases.

(2.) It appears, that nine cases came to be register against the petitioner in Police Station, Leh, all for the offence Under Sections 380, 457 of the R.P.C. In all the nine cases, challans were filed against him in Court of learned Chief Judicial Magistrate, Leh. He afforded him an opportunity of engaging a lawyer or making a request for such engagement by the Court. The petitioner, however, did not avail of the opportunity as afforded to him by the Court. He has charge sheeted separated in all the cases for the offence under Sections 457 and 380 of the R.P.C, and he pleaded guilty. Consequent he was convicted in each case for the offence under Sections 457 and 380 of the R.P.C. and sentenced to one year's rigorous imprisonment and a fine of Rs. 100.00 for each offence in case. The sentences were ordered to run concurrently in each individual case. However, there was no order for running, of all the sentences in all the cases concurrently, and that meant, that he is to suffer in each case one year's rigorous imprisonment and a fine of Rs. 100.00 in default of which, one weeks rigorous imprisonment consecutively. In that view of the matter, he has to suffer nine years rigorous imprisonment for the substantive offence,besides the sentence in default of payment of fine.

(3.) The petitioners appeal was dismissed by the learned Sessions Judge, Leh.