Shimbhu Singh vs State of Rajasthan

Prakash Gupta, J. - The present petition has been filed under Section 482 Cr.P.C., to pray that we should order that the sentence of two years awarded to the petitioner under Section 3/25 of Arms Act shall run concurrently with the life imprisonment awarded to the petitioner under Section 302 IPC.

The petitioner had filed D.B. Criminal Appeal No. 333/1983. The said appeal was dismissed by Division Bench of this court on 8.12.1986. The trial court had awarded life imprisonment to the appellant under Section 302 IPC. The trial court further awarded consecutive sentence of two years under Section 3/25 of Arms Act. The court while deciding the appeal had not ordered that the sentences awarded under two counts shall run concurrently.

Having heard the learned counsel for the parties, we are of the view that after the decision of the appeal, this Court has become functus officio and cannot modify the judgment whereby consecutive sentence was upheld. By entertaining the present petition under Section 482 Cr.P.C., we cannot modify the earlier judgment and cannot order that sentences shall concurrently.

Supreme Court in the case of M.R. Kudva v. State of Andhra Pradesh [AIR 2007 SC 568], has held that while exercising power under Section 482 Cr.P.C., this Court cannot order that the sentences awarded in different cases shall run concurrently. It was held that only the Appellate Court or the Revisional Court can order that sentences shall run concurrently.

Be that as it may, since the appeal was decided in the year 1986, after the decision of the appeal after nineteen years, we cannot modify the judgment rendered by this Court as no power of review vests in us. Hence, the present petition being devoid of merit is dismissed.