Shahid and Another vs State of M.P.

Narain Singh ''Azad'', J.

The petitioners seek the relief of this direction that in exercise of inherent powers the sentences imposed upon them in Sessions Trials No. 320/96 and 321/96 may be ordered to run concurrently.

It is not being disputed that the incident of both the aforesaid Sessions Trials occurred in one of the same transaction of loot and making away good with the loot property, at Rahatgarh, district Sagar on 9-7-1996.

In S.T. No. 320/96, each of the petitioners and one Azad is sentenced to undergo R.I. for 7 years, in addition to a fine of Rs. 1,000/-, for an offence punishable u/s 392, Indian Penal Code and is further sentenced to undergo R.I. for 10 years, in addition to a fine of Rs. 1,000/- for offence punishable u/s 397, Indian Penal Code. In S.T. No. 321/96, the petitioner Shahid is sentenced to undergo R.I. for 2 years for offence punishable u/s 324, Indian Penal Code, in addition to a fine of Rs. 200/- and is further sentenced to undergo R.I. for 10 years for offence punishable u/s 326/34 Indian Penal Code, in addition to a fine of Rs. 500/- whereas petitioner Pankaj is sentenced to undergo R.I. for 2 years, in addition to fine of Rs. 200/- for offence punishable u/s 324/34 of the Indian Penal Code and is further sentenced to undergo R.I. for 10 years for an offence punishable u/s 326, Indian Penal Code, in addition to a fine of Rs. 500/- for offence punishable u/s 333 and 333/34 respectively also and each of the petitioners Pankaj and Shahid is sentenced to undergo R.I. for a period of 10 years, in addition to a fine of Rs. 1000/-. The sentences imposed for the offences punishable under sections 324, 324/34, 326, 326/34, 333, 333/34 are ordered to run concurrendtly.

Then in Criminal Appeal No. 1552/97 filed by these petitioners and co-accused Azad challenging the conviction and sentences imposed on them in S.T. No. 320/96, this Court reduced the period of sentences imposed on accused Azad and one of these petitioners Pankaj for offence punishable u/s 392, Indian Penal Code, to the period already undergone. So far as the petitioner Shahid is concerned, the period of sentence imposed for an offence punishable u/s 392 read with section 397, Indian Penal Code, it is reduced to 7 years R.I., in addition to a fine of Rs. 1,000/-.

In Criminal Appeal No. 1551/97, also, filed against the conviction and sentences of S.T. No. 321/96, this Court dictated that as the offence punishable u/s 326, and 326/34 Indian Penal Code are covered in the offences punishable u/s 333 and 333/34, Indian Penal Code, separate conviction and imposition of sentence was not required. Thus, this Court set aside the conviction and sentences imposed on these petitioners and co-accused Azad for offence punishable u/s 326 and 326/34, Indian Penal Code. Further, keeping in view all the facts and circumstances of the case, this Court reduced the period of sentences imposed upon these petitioners for offences punishable under sections 333 and 333/34, Indian Penal Code respectively to a period of 5 years maintaining imposition of sentences on these petitioners for offences punishable under sections 324 and 324/34 Indian Penal Code, this Court directed that the sentences will run concurrently.

Since the incidents of both the Sessions Trials No. 320/96 and 321/96, occurred in one transaction of loot and making away with the looted property, it is ordered that the sentences imposed upon each of the petitioners Shahid and Pankaj in S.T. No. 320/96 and 321/96, shall run concurrently. In case, these petitioners or any of these petitioners is found to have already undergone, the sentences imposed in both the aforesaid Sessions Trials, on treating them to run concurrently, they or he, as the case may be, shall be released forthwith.