RANJIT SINGH, J. - (1.) THE applicant-appellant is sentenced to suffer RI in two different FIRs i.e. FIR No. 103 dated 2.7.1997 and FIR No. 216 dated 21.7.1997. He has filed this petition for direction to make the sentences awarded in these two different FIRs to run concurrently.
(2.) THE appeals against the conviction of the applicant-appellant in these two different FIRs as Criminal Appeal No. 601 DB of 2005 and Criminal Appeal No. 1485 SB of 2003 respectively are pending before this Court for adjudication. The present application is filed by the applicant-appellant in Criminal Appeal No. 601-DB of 2005. When the application came up for consideration before a Division Bench of this Court, it, after noticing different judgments, viewed that though the discretion to convert consecutive sentences into concurrent in two different offences is available but principles, method and manner of exercise of this discretion, is not clearly made out from the different judgments that were cited before the Court. Accordingly, reference was made to Hon'ble the Chief Justice for constituting a Larger Bench to answer the above referred question. That is how, the present application has been a listed for being heard by Full Bench of this Court. The facts needing notice to get the hang of the issues requiring decision, in brief, are that the applicant-appellant was accused in an FIR No. 104 dated 2.7.1997 at Police Station Dharmkot under Sections 302, 201 IPC. Another FIR No. 216 dated 21.7.1997, under Sections 399, 402, 379, 411, 467, 468 IPC and Section 25 of the Arms Act, was registered against the applicant-appellant at Police Station, Sadar, Jalandhar. Yet another FIR No. 103 dated 2.7.1997 under Sections 302, 201, 34 IPC came to be registered against him at Police Station Shahkot. The applicant-appellant, however, was acquitted in FIR No. 104 dated 2.7.1997 of Police Station Dharmkot on 1.10.2005, but is convicted FIR No. 216 dated 21.7.1997 and is sentenced to suffer 10 years RI coupled with fine of Rs. 1,000/- under Section 399 IPC. In default of payment of fine, he is to undergo RI for one year. The applicant-appellant is also sentenced to suffer RI for 7 years with fine of Rs. 5,000/- under Section 403 IPC in this case. In default of payment of fine, he is directed to undergo RI for six months. These sentences were ordered to run concurrently. This conviction and award of sentence is subject matter of challenge in Criminal Appeal No. 1485-SB of 2003. In addition, the applicant-appellant has also been convicted in an FIR No. 103 dated 2.7.1997 and sentenced to undergo life imprisonment in addition to a fine of Rs. 1,000/-. He has to undergo RI for one month in default of payment of this fine. The applicant-appellant is also sentenced to suffer 3 years RI under Section 411 IPC. This conviction and sentence is dated 23.3.2004. This is subject matter of appeal, in which the present application is filed. The prayer is that appropriate order be made directing the sentences awarded in the above-noted two different judgments to run concurrently to meet the ends of justice.
(3.) THE Division Bench, before which this application came up for hearing, observed as under while asking for constituting a Larger Bench to consider this 'question raised in the application :- "It is clear from these judgments (supra), that though the Court has discretion to covert consecutive sentences into concurrent when two different offences have been committed, but the principles, method and in what manner this judicial discretion is to be exercised, has not been laid down." ;