MANGILAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application for directions under Sec. 427(2) of the Criminal Procedure Code. In Sessions Case No. 42/83, the applicant was sentenced to life-imprisonment alongwith other co-accused whereupon they filed appeal which was registered as Q.B. Criminal Appeal No. 86 of 1990. By judgment dated 18.12.92, the appeal was dismissed and thus 'conviction and sentence of the applicant alongwith other co-accused was maintained. In another trial being Session Case No. 41/83, the applicant was sentenced alongwith other co-accused to life-imprisonment and they preferred D.B. Criminal Appeal No. 355 of 1984 which was, vide judgment dated 29.11.94, partly allowed; and, accordingly the applicant was sentenced to undergo imprisonment for five years and pay a fine of Rs. 200.00. While sentencing the applicant, the Court has not passed an order that this sentence shall run concurrently alongwith the sentence of life-imprisonment maintained in D.B. Criminal Appeal No. 86/90, decided on 18.12.92. Hence this application.

(2.) The mandate of Sec. 427(2), Code Criminal Procedure is that when a person is undergoing sentence for life and, if he is sentenced subsequently on conviction in another trial for any term or imprisonment for life, the subsequent sentence shall run concurrently with the previous sentence. In view thereof, it is directed that the sentence of five years' imprisonment awarded to the applicant in D.B. Criminal Appeal No. 355/84, decided on 29.11.94, shall run concurrently with the sentence of life-imprisonment maintained in D.B. Criminal Appeal No. 86/90, decide on 18.12.92.