SURJA Vs. STATE

JUDGEMENT

(1.) THIS is a reference made by the Ses J. , Ganganagar who has recommended that the order of the Sub-divisional Mag, Ganganagar, contained in his judgment dated the 25-2-1950, by which he has ordered that the sentence passed on him under Section 406, Penal Code, be made to run concurrently with the sentence of imprisonment previously passed against the convict in a separate trial for an offence under Section 302, Penal Code, be set aside.

(2.) IT appears that one Surja had been convicted of an offence under Section 302, Penal Code & sentenced to life imprisonment. Subsequently, he was charged & tried for an offence under & 406 & convicted for the same. The learned. Sub-divisional Mag who sentenced Surja, to one year's rigorous imprisonment ordered that the sentence be made to run concurrently with the sentence passed on him under Section 302, penal Code. Surja, thereupon, went up in appeal to the Ses J. , Ganganagar. During the course of the hearing of the appeal, it was discovered by the learned Ses J. that the Mag had made the sentence to run concurrently with a sentence passed on him previously in a separate trial for an offence under Section 302, Penal Code. He thought the order to be illegal & made the present reference. The learned Asst Govt Advocate opposes the reference. He urges that the Mag was empowered, to pass the order he did, under Section 397, Cr. P. C, Sub-section (1), the last & relevant words of which are: " Unless the Ct directs that the subsequent sentence shall run concurrently with such previous sentence. "