- (1.)This is an application filed under Sec.482 Cr.P.C. by the accused in C.C.Nos.61/91,62791 and 63/91 on the file of the IV Addl. Judicial First Class Magistrate, Kakinada requesting the Court for issue of a direction that the sentences of imprisonment awarded to him in the said three cases should run concurrently.
(2.)The facts giving rise to the filing of this petition are in brief as follows: On 30th March, 1991, 31st March, 1991 and 5th April, 1991 theft of cycles tookplace. In respect of each theft, report was given to the police and the police registered them as Crime Nos.21/91,22/91 and 23/91 respectively. Subsequently during investigation, the petitioner herein was arrested on suspicion and at his instance the three cycles that were stolen were recovered at one time. The Police filed three separate charge-sheets for offences under Sections 379 and 411 IPC. They were registered as CC Nos.61/91, 62/91 and 63/91.
(3.)There was no material to connect the accused with the commission of theft. So, charges under Sec.411 IPC were framed in each case. The petitioner pleaded guilty. The learned Magistrate accepted the plea as true and voluntary, convicted the petitioner for offence under Sec.411 IPC and sentenced him to suffer rigorous imprisonment for a period of two years in each case. Aggrieved by that, the petitioner filed Crl.Appeals in Crl.A.Nos.348/91, 349/91 and 350/91 before the III Addl, Sessions Judge, Kakinada. The learned Sessions Judge dismissed all the three appeals confirming me conviction and sentences awarded to the petitioner. It is under these circumstances, the petitioner has filed this application under Sec.482 Cr.P.C.
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