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2003 DIGILAW 631 (PNJ)

Satnam Singh alias Santu v. State of Haryana

2003-04-30

NIRMAL SINGH

body2003
JUDGMENT Nirmal Singh, J. - This order shall dispose of above mentioned two criminal revision petitions bearing Criminal Revision No. 700 of 1990 titled Satnam Singh alias Santu v. State of Haryana and Criminal Revision No. 695 of 1990 titled as Satnam Singh v. State of Haryana, as in both the cases the recovery is at one time and two separate FIRs have been registered and both the judgments have been pronounced on same date. For the purpose of decision, the facts are taken from Criminal Revision No. 700 of 1990. 2. The petitioner was prosecuted under Section 61(1)(a) and 61(1)(c) of Punjab Excise Act, 1914 (hereinafter referred to as the "Act"), on the allegations that on 24.9.1984 at about 6.15 P.M. on a secret information against the petitioner that he was distilling the illicit liquor by way of working still in his bazra crop in the area of village Rohar. 3. The petitioner was ultimately convicted and sentenced to undergo RI for six months and to pay a fine of Rs. 2000/- and in default of payment of fine, the petitioner was further directed to undergo RI one and for one and a half month in FIR No. 319 dated 24.9.1984 and was convicted and sentenced to undergo RI for six months and to pay a fine of Rs. 1000/- and in default of payment of fine, he was further directed to undergo RI for a half month in FIR No. 130 dated 24.3.1985. The petitioner filed an appeal before the learned Sessions Judge, Jind. The same was dismissed by the learned Additional Sessions Judge, Jind, vide order 9.7.1990. Aggrieved by the orders of the Courts below, the present revision petition has been filed in this Court. 4. The sole point which is to be determined in these revision petitions is whether the sentence awarded in one case is to be set off in another case. The sentence on offender already sentenced for another offence is provided under Section 427 of Criminal Procedure Code Section 427 Criminal Procedure Code reads as under :- "427. Sentence on offender already sentenced for another offence. The sentence on offender already sentenced for another offence is provided under Section 427 of Criminal Procedure Code Section 427 Criminal Procedure Code reads 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 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 commence immediately. (2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence." 5. In the instant case, petitioner was charge-sheeted under Section 61(1)(c) of the Act for working still and was also charge-sheeted under Section 61(1)(a) for keeping the lahan in his possession. The recovery of working still and keeping lahan in the possession was of the same time, date and place. The learned trial Court also pronounced the judgments in both the cases on the same day. Therefore, it is ordered that sentences in both the cases are to run concurrently. With this modification in the matter of sentence, both the revision petitions stand disposed of. Order accordingly.