RAVI Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD .

(2.) THIS petition under section 427 read with section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') has been filed by accused Ravi son of Parshottam Kori, who was tried under section 394 IPC by the Court of Judicial Magistrate, First Class, Sagar, in Criminal Case No. 492/05 and convicted and sentenced to RI for 3 years with fine of Rs.5,000/ - by judgment dated 26.12.2005 and who was also tried and convicted in Criminal Case No. 488/05 for the offence under section 25 of the Arms Act by judgment dated 26.12.2005 and was sentenced to RI for one year. Petitioner preferred appeal against the judgment of conviction in both the cases. In Criminal Appeal No. 34/06, learned Sessions Judge, Sagar converted his conviction from section 394 to section 392 IPC and reduced the sentence from 3 year's RI to RI for 1 year with fine of Rs.1,000/ -. In case of conviction under section 25 of the Arms Act, Criminal Appeal No. 33/06 was preferred, but, the same was dismissed by the learned Sessions Judge, Sagar. Judgments in both the appeals were passed on 20.2.2006.

(3.) LEARNED counsel for the petitioner submits that since the Offence under section 392 IPC and the offence under section 25 of the Arms Act were committed in the same transaction but two crime numbers were registered resulting into separate trials, the sentences passed in the two trials deserve to be made to run concurrent.