Harchand Singh @ Chand Singh vs State of Punjab

S.S. Dewan, J.

This is a petition under Section 482 of the Code of Criminal Procedure (for short, the Code) by Harchand Singh alias Chand Singh against the State of Punjab praying for the issue of a direction that the sentence passed against him in the subsequent trial be directed to run concurrently with the previous one.

The petitioner was convicted under Section 302, Indian Penal Code, in F.I.R. No. 121 dated 21.7.1975 registered at Police Station Nihal Singh Wala and sentenced to imprisonment for life by the Additional Sessions Judge, Faridkot, by this judgment dated 18.9.1976. The appeal filed by the petitioner against the aforesaid conviction and sentence was dismissed by the High Court. While serving that sentence, the petitioner was convicted under Section 302, Indian Penal Code in Session Trial No. 82 of 1978 and was sentenced to imprisonment for life by the Additional Sessions Judge, Faridkot, on 26.2.1979. The appeal filed by the petitioner against that conviction and sentence was dismissed by this Court on 28.8.1980.

As the petitioner was tried separately for these offences and the previous conviction was not brought to the notice of the Court which convicted him subsequently, no order was passed whether the sentences were to run concurrently or consequentively. In the present petition it is contended that by virtue of the provision of subsection (2) of Section 427 of the Code, the subsequent sentences should have been directed to run concurrently with the earlier one and that it is a fit case wherein a direction as enjoyed by the imperative provision of subsection (2) of Section 427 of the Code be given by this court. The State has not seriously contested on merits the point raised on behalf of the petitioner. The obligatory provision of subsection (2) of the Section 427 runs as follows :

"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."

The provision is a command of the Legislature for issue of a direction for the concurrent running of the subsequent sentence of imprisonment for life. That having not been done, it is a fit case for the direction as prayed for being issued.

In the result, the petition is allowed and it is directed that the subsequent sentences of imprisonment shall run concurrently with the previous sentence of imprisonment for life.