DHANNARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The convict petitioner Dhanna Ram @ Dhaniya has forwarded the instant miscellaneous petition under Section 482 CrPC from jail praying for a direction that the sentences award to him in the following two cases may be ordered to run concurrently:-

(2.) It may be stated here that initially in the Sessions Case No.58/2004, the petitioner was convicted for the offence under Section 302 IPC and was sentenced to life imprisonment. As per the nominal roll of the convict, the sentences awarded to him in both the cases were being operated concurrently, but no sooner the petitioner's conviction was altered by a Division Bench of this court from the offence punishable under Section 302 IPC to that under Section 304 Part II IPC and he was sentenced to imprisonment of 8 years, the sentences of the convict have been made consecutive. As per the custody certificate, the petitioner has served out the sentence awarded to him in the case involving the offence under Section 394 IPC, whereas in the case involving the offence under Section 304 Part II IPC, he has till date served out the sentence of 7 years 1 month and 17 days.

(3.) Mr. Kaluram Bhati, learned Amicus Curiae, assisting the court pro bono, has placed reliance on the Supreme Court decision in the case of Vicky @ Vikas Vs. State (Govt. of NCT of Delhi) [Criminal Appeal No.208/2020 decided on 31.01.2020]@ and the Division Bench judgment of this court in the case of Arjun Ram Vs. State of Rajasthan & Ors.,2016 1 CrLR 346] and urged that this court, while exercising powers under Section 482 CrPC by invoking the powers of Section 427 CrPC can direct that the sentences awarded to a convict in two different cases to run concurrently.