K V CHACKO Vs. STATE OF KERALA

JUDGEMENT

(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.

(2.) In S.C. 26/93 it was held by the Sessions Court as follows :

(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.