- (1.) INSTANT petition has been filed by the convict petitioner u/S. 482 Cr.P.C. with the prayer that benefit of Sec. 427 & 428 Cr.P.C. regarding the sentence awarded to him in Sessions Case No. 2/1999 by Additional Sessions Judge No. 1, Sikar and Sessions Case No. 3/2006 by Additional Sessions Judge No. 2, Sikar be granted to him.
(2.) IT has come on record that the accused petitioner was convicted vide judgment Dt. 13.03.2000 in Sessions Case No. 2/1999 by Additional Sessions Judge No. 1, Sikar and sentenced for life imprisonment & subsequently by Additional Sessions Judge No. 2, Sikar vide judgment Dt. 10.03.2011 in Sessions Case No. 3/2006 and sentenced for life imprisonment. Counsel for petitioner submits that the accused petitioner is in custody since his conviction vide judgment Dt. 13.03.2000 and prior to his conviction he was in judicial custody and has served the sentence for more than 14 years and with remission he has completed the life sentence but because of being convicted in later Sessions Case No. 3/2006 vide judgment Dt. 10.03.2011, the learned trial Judge failed to provide him the benefit of Sec. 427(2) of the Code.
(3.) AFTER notices of the present petition came to be served reply has been filed by the respondents and regarding benefit of Sec. 427(2) of the Code, has been considered and averred in para -G, J & K which reads ad infra: "G] That according to FIR No. 244/2006 PS Kotwali in Session Case No. 03/2006 judgment dated 10 -03 -2011, as per note mentioned on warrant of sentence, it is stated: A copy of warrant of sentence is enclosed herewith and marked as Annexure -R -2. J] That in Session Case No. 02/2009 judgment dated 13 -3 -2000 [effective from 11 -3 -2011] as per note mentioned on warrant of sentence of petitioner it is mentioned that - A copy of warrant of arrest is enclosed herewith and marked as Annexure - R -3. K] That according to Section 427{2} of Cr.P.C. 1973 both sentences are going on concurrently as convicted in Sessions Case No. 03/2006 and in Sessions Case No. 02/1999. A copy of factual report is enclosed herewith and marked as Annexure -R -4. In view of the submissions made above and looking to the facts and material, the petition filed by the petitioner for getting benefit of Section 427 and 428 of Cr.P.C. does no more survive as the benefits are giving to the petitioner";