TMI Blog2016 (10) TMI 1074X X X X Extracts X X X X X X X X Extracts X X X X ..... nment. As per the record, these crimes were committed on the same day. Having considered the matters, we deem it appropriate to direct that the sentences imposed in each of the cases, i.e. (i) CC No. 158 of 2004, (ii) CC No. 1039 of 2003, (iii) CC No. 390 of 2004 and (iv) CC No. 1168 of 2006 namely those at Sl. Nos. 9 to 12 respectively as indicated in the sentence chart in the communication dated 27.05.2016 shall run concurrently with the sentence imposed in Crime No. 8 which is currently operative. We grant this benefit in respect of substantive sentences to the Appellant but maintain the sentences of fine and the default sentences. If the fine as imposed is not deposited, the default sentence or sentences will run consecutively and not concurrently. - Criminal Appeal No. 958 of 2016 (Arising out of SLP (Criminal) No. 3757 of 2016), 960/2016 (Arising out of SLP(Criminal) No. 3759/2016), 959/2016 (Arising out of SLP(Criminal) No. 3758/2016), 957/2016 (Arising out of SLP(Criminal) No. 3756/2016) - - - Dated:- 3-10-2016 - Dipak Misra and Uday Umesh Lalit , JJ. JUDGMENT Uday Umesh Lalit, . 1. Leave granted. These appeals by Special Leave arise out of judgments and o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Judge, Thrissur 859/2015 SLP (Crl.) 3759/2016 390/2004 in the Court of JMFC, Chavakkad/Under Section 379, 414 r/w 34 of Indian Penal Code 03.06.2003 28.06.06, RI for 2 years and fine of ₹ 1,000/- for offence Under Section 379 Indian Penal Code and RI for 2 years Under Section 414 ID RI for 3 months 761/2011 decided on 04.08.2012 by Sessions Judge, Thrissur 858/2015 SLP (Crl.) 3758/2016 1168/2006 in the Court of JMFC, Kunnamkulam/Under Section 379 r/w 34 of Indian Penal Code 03.06.2003 31.12.08, RI for 1 year and fine of ₹ 1,000/- ID SI for 6 months 461/2011 decided on 30.09.2011 by Sessions Judge, Thrissur 670/2005 SLP (Crl.) 3756/2016 3. These matters came up on 22.04.2016 when this Court noted the submissions of the learned Counsel for the Appellant regarding concurrent running of sentences and issued notice to the State. The learned Counsel appearing for the State has produced before us communication dated 27.05.2016 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dergo RI for 5 years Under Section 392 Indian Penal Code, RI for 3 years Under Section 120(B) Indian Penal Code (Concurrently) Set off 418 days. 8 CC 274/06 JFCM Kodungallur Wdt. 30-9-2008 Sentenced to undergo SI for 3 years Under Section 205 Indian Penal Code Set off 414 days 9 CC 158/04 JFCM Chavakkad Wdt. 28-6-2006 Sentenced to undergo RI for 2 years + fine ₹ 1,000/- i/d SI for 3 months Under Section 379 Indian Penal Code, RI for 2 years Under Section 414 Indian Penal Code (Concurrently) Set off 347 days 10 CC 1039/03 JFCM Chavakkad Wdt. 28-6-2006 Sentenced to undergo RI for 2 years + fine ₹ 1,000/- i/d SI for 3 months Under Section 379 Indian Penal Code, RI for 2 years Under Section 414 Indian Penal Code (Concurrently) Set off 240 days 11 CC 390/04 JFCM Chavakkad Wdt. 28-6-2006 Sentenced to undergo RI for 2 years + fine ₹ 1,000/- i/d SI for 3 months Under Section 379 Indian Penal Code, RI for 2 years Under Section 414 Indian Penal Code (Concurrently) S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Set off 465 days 09-12-2011 7 SC 171/05 ADSJ Adhoc II Kottayam 7th Sentence Started 09-12-2011 Sentence 5 years 09-12-2016 Set off 418 days 18-10-2015 8 CC 274/06 JFCM Kodungallur 8th Sentence Started 18-10-2015 Sentence 3 years 18-10-2018 Set off 414 days 30-08-2017 9 CC 158/04 JFCM Chavakkad 9th Sentence Started 30-08-2017 Sentence 2 years 30-08-2019 Set off 347 days 17-09-2018 10 CC 1039/03 JFCM Chavakkad 10th Sentence Started ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esaid communication, the Appellant stands convicted and sentenced in 12 different matters including the present matters which appear at Serial Nos. 9, 10, 11 and 12 in the chart. Going by the sentence calculation, the sentence in the 9th case would begin on 30.08.2017 and finally, the sentence in the 12th case, after getting all benefits of set off, would be over on 02.09.2022. 5. Section 427 of the Code of Criminal Procedure, 1973 is as under: 427. Sentence on offender already sentenced for another offence.-(1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence: Provided that where a person who has been sentenced to imprisonment by an order Under Section 122 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall comme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... find anything incorrect in the assessment made by the Courts below and in our view the orders of conviction recorded against the Appellant in the present cases are quite correct. We also do not find anything wrong in the quantum of sentence imposed in respect of the respective crimes. However going by the sentence calculation, the sentence imposed in respect of the first crime started with effect from 20.11.2003 and the last sentence would be over by 19.08.2022, which would effectively mean that the total length of sentences in aggregate would be around 19 years. We are not concerned with first eight matters and sentences imposed in respect of those crimes. The sentence in respect of 8th crime is presently running against the Appellant and would be over on 30.08.2017. 9. The maximum sentence in respect of the present crimes is two years' rigorous imprisonment. As per the record, these crimes were committed on the same day. Having considered the matters, we deem it appropriate to direct that the sentences imposed in each of the cases, i.e. (i) CC No. 158 of 2004, (ii) CC No. 1039 of 2003, (iii) CC No. 390 of 2004 and (iv) CC No. 1168 of 2006 namely those at Sl. Nos. 9 to 12 r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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