SHIMBHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Crimial P.C., to pray that we should order that the sentence of two years awarded to the petitioner under Sec. 3/25 of Arms Act shall run concurrently with the life imprisonment awarded to the petitioner under Sec. 302 IPC.

(2.) The petitioner had filed D.B. Criminal Appeal No. 333/1983. The said appeal was dismissed by Division Bench of this court on 8.12.1986. The trial court had awarded life imprisonment to the appellant under Sec. 302 IPC. The trial court further awarded consecutive sentence of two years under Sec. 3/25 of Arms Act. The court while deciding the appeal had not ordered that the sentences awarded under two counts shall run concurrently.

(3.) Having heard the learned counsel for the parties, we are of the view that after the decision of the appeal, this Court has become functus officio and cannot modify the judgment whereby consecutive sentence was upheld. By entertaining the present petition under Sec. 482 Crimial P.C., we cannot modify the earlier judgment and cannot order that sentences shall concurrently.