KARAMVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These criminal miscellaneous petitions under Section 482 of the Code of Criminal Procedure, 1973 (for short, the Code hereinafter) have been filed by the petitioners through jail and involve common questions of law and facts and also arise out of the common judgment and order dated 10-4-2002 passed by the Additional Sessions Judge, Jalore (for short, the trial Court hereinafter) in Sessions Case No. 111/2001 (53/2000) convicting and sentencing the petitioners for the offences under Section 395 IPC and Section 3/25 of the Arms Act. The judgment and order of the trial Court, convicting the petitioners for the offences under Section 395 IPC was affirmed by by this Court vide judgment dated 16-7-2003 passed in S.B. Criminal Appeals No. 340/2002 and 408/2002, however, the substantive sentence for the offence under Section 395 IPC was reduced from ten years to seven years rigorous imprisonment. By these petitions, the petitioners seek direction to run the substantive sentences awarded to them concurrently.

(2.) I have heard learned Amicus Curiae appearing for the petitioners and the Public Prosecutor for the State. Perused the judgment and order of the trial Court, as also the judgment of this Court dated 16-7-2003.

(3.) By the judgment and order dated 10-4-2002, the trial Court convicted petitioner Narendra Kumar for the offences under Section 395 IPC and Section 27 of the Arms Act; petitioners Nayeem Mohammed, Rustam and Omkar for the offences under Section 395/34 and Section 27 of the Arms Act; and petitioner Karamveer for the offences under Section 395/34 IPC and Section 3/25 of the Arms Act. The trial Court sentenced each of the petitioners for the offence under Section 395, 395/34 IPC for ten years rigorous imprisonment and a fine of Rs. 2000/-, in default of payment of fine further to undergo one month's simple imprisonment. For the offence under Section 27 of the Arms Act, as also the offence under Section 3/25 of the Arms Act, each of the petitioners was sentenced to three years rigorous imprisonment and a fine of Rs.1000/-, in default of payment of fine further to undergo six months simple imprisonment. On appeals being filed by the petitioners, being S.B. Criminal Appeal No.408/2002, Omkar & ors. Vs. State of Rajasthan, and S.B. Criminal Appeal No.340/2002, Nayeem Mohammed & Anr. Vs. State of Rajasthan, this Court modified the conviction of the petitioners from Section 395/34 IPC to Section 395 IPC and also reduced the substantive sentence, as noticed above. The judgment and order of the trial Court convicting and sentencing the petitioners under Sections 27 and 3/25 of the Arms Act was not interfered with by this Court.