P K Lohra, J. - (1.) The instant jail appeal, under Section 385 Cr.P.C., is preferred by accused-appellant, Jakir Hussain @ Chand Mohammed, to challenge judgment dated 19.12.2013, passed by Additional Sessions Judge, Gulabpura, District Bhilwara (for short, 'learned trial Court') convicting him for offence under Section 328 I.P.C. as well as Section 379 I.P.C. The learned trial Court handed down sentence of five years' rigorous imprisonment with fine of Rs.3,000/- for offence under Section 328 I.P.C and in default of payment of fine to undergo three months' simple imprisonment. Likewise, for offence under Section 379 I.P.C., appellant is sentenced for three years' simple imprisonment with fine of Rs. 1,000/- and in default of payment of fine to further suffer sentence of one month's simple imprisonment.
(2.) At the outset, learned Amicus Curiae has not challenged the conviction of appellant and sentence awarded to him by learned trial Court for aforesaid offences, but has craved for invoking Section 427 Cr.P.C. vis-a-vis the sentences of different denominations awarded to appellant in two other criminal cases to run concurrently. Details of two other cases wherein appellant is indicted and sentenced are as infra:- JUDGEMENT_191_LAWS(RAJ)1_2018_1.html (1) 7 years' R.I., Fine Rs.5000, In default of payment of fine to further undergo 1 month’s S.I. (2) 7 years' R.I., Fine Rs.5000, In default of payment of fine to further undergo 1 month’s S.I. (Both are to run concurrently) Details of sentence served by accused till 19.12.2017: JUDGEMENT_191_LAWS(RAJ)1_2018_2.html
(3.) With a view to seek indulgence of the Court under Section 427 Cr.P.C., appellant has also laid an application under Section 482 Cr.P.C for invoking inherent powers. A certificate is also enclosed with the application/petition under Section 482 Cr.P.C. showing conviction of the appellant in two other cases, i.e., case No.35/2010 by Additional Sessions Judge Fast Track No.1, Ajmer, for offence under Sections 328 and 394 I.P.C. and in case No.39/2011 for offence under Sections 328/34, 394 I.P.C. by Sessions Judge, Chittorgarh. In case No.35/2010, the Court has handed down sentence of seven years' rigorous imprisonment to the appellant with fine of Rs.5,000/- and in default of payment of fine to further undergo sentence of one month's simple imprisonment for offence under Section 328 I.P.C., and for offence under Section 394 I.P.C. also identical sentence is awarded. Likewise, in case No.39/2011, appellant is handed down sentence of five years' rigorous imprisonment with fine of Rs.2,000/- and in default of payment of fine to further undergo sentence of one month's simple imprisonment and vis-a-vis offence under Section 394 I.P.C. sentenced him to ten years' rigorous imprisonment with fine of Rs.5,000/-, and in default of payment of fine to further undergo three months' simple imprisonment.;