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"We feel that life imprisonment would be the proper sentence that should be imposed-upon the appellant. We accordingly reduce the sentence of death imposed upon him and, sen- tence him to suffer rigorous imprisonment for life. However, since the present murder was committed by him within a span of one year of his earlier conviction and that too when he was released .on parole we are clearly of the view that the instant sentence of imprisonment for life awarded to him should not run concur- rently with his earlier sentence Of life imprisonment. We therefore, direct that in case any remission or commutation in respect of his earlier sentence is granted to him the present sentence should .commence thereafter."

We are not required to say anything regarding the practical. effect of remission or commutation of the sentences since that question does not arise in the present case. The limited controversy before us has been indicated. The only question now is of 'the meaning and effect of the above quoted direction in this Court's judgment dated 30.9.1983 It is obvious that the direction .of this Court must be con- strued to harmonise with Section 427(2) Cr. P.C. which is the statutory mandate apart from being the obvious truth. The subsequent sentence of imprisonment for life has, there- fore, to run concurrently with the read as sentenceof imprisonment for life awarded to the petitioner. Thed exercise is to construe the last sentence in the direction which re under:

"We, therefore, direct that in case any remission or commutation .in respect of his earlier sentence is grant- ed to him the present sentence should commence thereafter."

It is in the background of this ultimate direction that the proceeding portion has to be read. This last sentence in the direction means that in case, any remission or commutation is granted in respect of the earlier. sentence. of life imprisonment alone then the benefit of that remission or .commutation will not ipso facto be available in respect of the sub. sequent sentence of life imprisonment which would continue to be unaffected by the remission or commuta- tion in respect of the earlier sentence alone. In other WordS, the operation of the superimposed subsequent sen- tence, of life imprisonment shall not be wiped out .merely because in respect of the corresponding earlier sentence of life imprisonment any remission or commutation has been granted by the appropriate authority. The consequence is that the petitioner would not 'get any practical 'benefit of any remission or commutation respect of his earlier sentence because of the superimposed subsequent life sen- tence unless the same corresponding benefit in respect of the subsequent sentence. is also .granted tO the petitioner. It is in this manner that the direction is given for the, two Sentences of life impri-