Decided on April 09,2003

K.V.CHACKO Appellant


KOSHV, J. - (1.) The petitioner herein, who is undergoing Imprisonment in central prison, Kannur is sentenced to life imprisonment in 3 separate cases and acquitted in one case after undergoing punishment for some period, pleads in this case to allow him the benefit of S. 427(2) of Cr. P.C. by ordering to undergo imprisonment concurrently in all the three cases and also the benefit of set off under S. 428 as the period he was in jail in connection with the case wherein he was acquitted finally. He was convicted on 29-9-1996 for offences punishable under Ss. 302, 457 and 392, I.P.C. in SC 74 of 1995 by the Sessions Court, Kozhikode. The following sentences were awarded to him. 1) To undergo life imprisonment and to pay fine of Rs. 50,000 in default for l0years u/S. 302, I.P.C. 2) Rigorous imprisonment for 10 years and fine of 10,000 in default Rigorous Imprisonment for 5 years u/S. 452, I.P.C. There was also a direction that the substantive sentence of imprisonment to run concurrently with life imprisonment already awarded in view of S. 427(2), Cr. P.C. In appeal (Crl. A. 681/96) this Court has set aside the order of imposition of fine but the conviction and substantive sentence imposed the appellant are confirmed on 30-8-1996. He was also convicted for life imprisonment in S.C. No. 77/1993 and in S.C. No. 26/93 by the Sessions Court, Kottayam. In S.C. 77/93 of the Sessions Court, Kottayam, the petitioner was convicted and sentenced on 2-4-1996 to undergo imprisonment for life u/S. 302, I.P.C. Rigorous imprisonment for 7 years each u/Ss. 449 and 457, I.P.C., rigorous imprisonment for one year u/S. 461, I.P.C., rigorous imprisonment for 6 years u/S. 397, rigorous imprisonment for 5 years each under Ss. 356 and 307, I.P.C. as records P.Ws. 3 to 6. The sentences u/Ss. 449, 457, 461, I.P.C. was directed to run concurrently and further directed the sentences u/Ss. 302, 342 and 307 shall run consecutively. In appeal (Crl. A.264/96) the conviction and sentences were confirmed but directed that all the sentences awarded shall run concurrently. Again the petitioner was convicted in S.C. 26/93 by the Sessions Court, Kottayam on 3-12-1996 to undergo life imprisonment under S. 302, I.P.C. and directed that the sentence will run concurrently with the earlier life sentences. But if the Government passed orders u/S. 432 or 433, Cr. P.C. in the earlier cases, life sentence passed in this case shall run consecutively, to undergo rigorous imprisonment for 5 years u/S. 449, I.P.C. 5 years u/S. 457 one year u/S. 461, rigorous imprisonment for 7 years u/S. 461, rigorous imprisonment for 7 years u/S 392, rigorous imprisonment for 10 years each u/S,307, I.P.C. The offence u/Ss. 397 and 307 (total 27 years) will run consecutively. In appeal (Crl. A. 153/97) this Court had modified the direction of the Sessions Judge and directed that the sentences u/Ss. 449, 457, 461, 392 and 307 to run concurrently with the sentence of imprisonment: for life imposed upon the petition u/S. 302.
(2.) In S.C. 26/93 it was held by the Sessions Court as follows : "86. I am not convinced that the occurrence in this case comes within the category of rarest of rare cases. The accused is sentenced to undergo imprisonment for life for the offence u/S. 302 of the I.P.C. and itis made clear that the said sentence will run concurrently with the earlier life sentences unless the Government passed orders under S. 432 or 433 of the Cr. P.C. If, however, any such orders are passed, the life imprisonment passed in this case will run consecutively."
(3.) He was arrested by Goodelloor Police, Tamil Nadu State in connection with a murder case (S.C. No. 2/92) and the Sessions Court, Nilagiri sentenced him for life imprisonment under S. 302, I.P.C. by judgment dated 24th February, 1993. He was also convicted under Ss. 449 and 392, I.P.C. and sentenced to undergo rigorous imprisonment for 5 years and 10 years respectively, but he was allowed to run the sentences concurrently. But the Chennai High Court acquitted him in the said case in Crl. Appeal No. 530/1993. According to the petitioner he has suffered already 11 years imprisonment in connection with S.C. No. 2/1992 on the file of the Sessions Court, Nilagiri. He filed two petitions herein. In the first petition he prayed that he may be allowed to suffer the sentences in S.C. 74/ 95, 77/93 and 26/93 concurrently. In the 2nd petition dated 14-11-2002, he also wanted to set off 11 years imprisonment he has already suffered in connection with S.C. No. 2/1992 of the Sessions Court; Nilagiri.;

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