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1975 DIGILAW 134 (KAR)

STATE OF KARNATAKA v. MAHADEVAPPA SIDRAMAPPA

1975-09-04

M.S.NESARGI

body1975
( 1 ) THIS revision petition has been registered suo moto in exercise of the powers of this Court under S. 397 and 401 Cr. P. C. ( 2 ) THE few facts necessary to understand the question involved may be narrated as follows : the prisoner in question is Mahadevappa Sidramappa Bokkasad undergoing imprisonment in Central Prison, Belgaum. He was on 31-7-1963, convicted by the I Addl. Sessions Judge, Dharwar, in S. C. No. 12 of 1963 for having committed an offence punishable under S. 302 I. P. C, and sentenced to undergo imprisonment for life. He was again tried by the 11 Addl. Sessions Judge, belgaum, in S. C. No. 145 of 1974 tor having committed an offence punishable under S. 307 I. P. C. The II Addl. Sessions Judge, Belgaum, pronounced his judgment on 21-12-1974 convicting him for the said offence and sentencing him to rigorous imprisonment for one year. He further directed as follows :"the sentence shall commence after the convict serves out the sentence which he is undergoing. "the warrant of commitment was issued on 21-12-1974 by the II Addl. Sessions Judge, Belgaum, to the Central Prison, Belgaum. On 15/16-5-1975 sri M. Hanumanthappa, B. Sc. ,b. L. , Senior Superintendent of Central Prison, belgaum, wrote a Demi Official letter to the II Addl. Sessions Judge, Belgaum requesting the II Addl. Sessions Judge to clarify the point in regard to the direction that the sentence shall commence after the convict serves out the sentence which he was already undergoing, in view of the provision in S. 427 (2) cr. P. C. The II Addl. Sessions Judge sent his reply on 26-5-1975 stating that it was specifically and clearly noted in the warrant of commitment that the sentence passed on the prisoner was to be treated as consecutive. The matter did not rest there. The Superintendent of Central Prison, Belgaum, appears to have corresponded with the Inspector General of Prisons who, in turn, brought the matter to the notice of this Court. It was thereafter that the records were called for and action was taken suo motu. ( 3 ) S. 427 Cr. P. C. deals with the sentence to be passed on offenders already sentenced for another offence. It was thereafter that the records were called for and action was taken suo motu. ( 3 ) S. 427 Cr. P. C. deals with the sentence to be passed on offenders already sentenced for another offence. Sub-section (2) of the said section reads as follows :"when a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term on imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence. (Italics is mine ). The meaning of the above provision is absolutely plain. The law lays down that under the circumstances in this matter the subsequent sentence has to run concurrently. Hence the II Addl. Sessions Judge has acted beyond his powers in directing that the subsequent sentence shall run consecutively. It is rather strange that in spite of this provision being brought to the notice of the learned II Addl. Sessions Judge, by the Superintendent of Central Prison, belgaum, the II Addl. Sessions Judge did not even consider it proper to look into the provision and try to do whatever was possible for him to do, but wrote a letter on 26-5-1975 intimating the Superintendent of Central Prison, Belgaum, that it has been specifically and clearly noted in the warrant of commitment thereby indicating that no clarification was necessary as sought for by the superintendent of Central Prison, Belgaum. ( 4 ) IN view of the foregoing, I allow this revision petition, set aside the) direction passed by the II Addl. Sessions Judge, Belgaum in S. C. No. 145 of 1974 in regard to the operation of the sentence and direct that the sentence passed on Mahadevappa Sidramappa Bokkasad by the II Addl. Sessions Judge, Belgaum, in S. C. No. 145 of 1974 shall run concurrently with the sentence passed by the i Addl. Sessions Judge, Dharwar, in S. C. No. 12 of 1963 which he is already undergoing. --- *** --- .