SATYA NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused has filed this petition under Section 482, Cr. PC for quashing the judgment of the learned Munsif cum Judicial Magistrate, Deedwana dated November 28, 1978. By the judgment aforesaid, the learned Magistrate convicted the accused under Sections 409 and 477A of the Penal Code and sentenced him to two years' rigorous imprisonment with a fine of Rs. 500/ - of the first count and one year's rigorous imprisonment with a fine of Rs. 500/ - on the second count.

(2.) THE accused did not prefer any appeal against his conviction and sentence. However, he filed this petition under Section 482, Cr. PC on October 11, 1982 i.e. after four years of the judgment of the learned Magistrate. This petition was admitted on November 11, 1982 for the limited point; whether the sentences awarded to the accused should be made to run concurrently.

(3.) THE accused was convicted under Sections 409 and 477A, IPC in respect of the same transaction. Under Section 31 of the Code of Criminal Procedure, sentences can be directed to run concurrently. Generally, where different offences are made out from the single transaction, sentences should be directed to run concurrently unless there are reasons not to do so to make the sentences to run consecutively. Here in the instant case, the offences under Sections 469 and 477A, IPC relate to the same transaction. As such, the sentences should be directed to run concurrently. This petition should, therefore, be allowed to the above extent.