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TMI Blog2014 (1) TMI 1919X X X X Extracts X X X X X X X X Extracts X X X X ..... , be it under Section 482 Cr.P.C. or under Article 226 of the Constitution of India, and cringe for mercy to have two life sentences run concurrently. Unfortunately in this case, the prisoner filed application in M.P. No. 170/2009 in Crl. A. No. 142/1996 without understanding the scope of Section 427[2] Cr.P.C., and obtained negative order from this Court on 15.03.2010. One can understand that the detenu may not be conversant with the nuances of law. Ignorantia juris non excusat [Ignorance of law is not an excuse] applies rigorously to the learned than to the lay. Even the prison authorities, who would have otherwise given the benefits of Section 427(2) Cr.P.C. automatically, will now remain hands tied and will be wondering as to when and w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sentences were directed to run concurrently with life imprisonment in terms of section 31 Cr.P.C. The appeal preferred by the petitioner [detenu] before this Court in Crl. A. No. 142/1996 came to be dismissed on 23.09.2002, thereby the conviction and sentence imposed upon him by the trial court was confirmed by this Court. 2. The petitioner was also tried in S.C. No. 175/1997 by the learned I Additional Sessions Judge cum Chief Judicial Magistrate, Salem, for offences u/s. 302, 457, 494 read with 34, 397, 392 read with 34 IPC. After due trial, the petitioner was convicted and sentenced by the learned Judge as follows:-- Sl. No. Conviction under section Sentence Awarded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of the Hon'ble Apex Court in M.R. Kuduva v. State of Andhra Pradesh (2007) 1 SCC [Crl.] 648 and had dismissed the prayer on the ground that this plea should have been taken only before the trial court and cannot be taken up by way of a petition u/s. 482 Cr.P.C. It may be relevant to state here that a Three Judge Bench of the Hon'ble Apex Court in State of Punjab v. Madhanlal [2009 (5) SCC 238] has refused to interfere with an order of Punjab and Haryana High Court passed under Section 482 Cr.P.C., whereby the sentences were directed to run concurrently under Section 427 Cr.P.C., in a matter relating to an accused who was convicted and sentenced for offences under Section 138 of the Negotiable Instruments Act in three different c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence. This Section, in no uncertain terms shows that a prisoner will be entitled to have two life sentences, imposed on him in different cases, to run concurrently. This provision stands to commonsense and logic. There is a subtle distinction between section 427[1] and 427[2] Cr.P.C. Under section 427[1] Cr.P.C., if the life sentence is awarded to a prisoner already undergoing a lesser sentence, then the subsequent life sentence will start running only after the expiry of the lesser sentence unless directed by the Court otherwise. Under section 427[2] Cr.P.C., if the life sentence or lesser sentence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the prisoner need not have to invoke any jurisdiction, be it under Section 482 Cr.P.C. or under Article 226 of the Constitution of India, and cringe for mercy to have two life sentences run concurrently. Unfortunately in this case, the prisoner filed application in M.P. No. 170/2009 in Crl. A. No. 142/1996 without understanding the scope of Section 427[2] Cr.P.C., and obtained negative order from this Court on 15.03.2010. One can understand that the detenu may not be conversant with the nuances of law. Ignorantia juris non excusat [Ignorance of law is not an excuse] applies rigorously to the learned than to the lay. Even the prison authorities, who would have otherwise given the benefits of Section 427(2) Cr.P.C. automatically, will now ..... X X X X Extracts X X X X X X X X Extracts X X X X
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