sentences in
cases of substantive sentences of imprisonment.
Any sentence of imprisonment in default of fine has
to be in excess of, and not concurrent ... running
of sentences. Likewise if two life sentences are
imposed on the convict, necessarily, Court has to
direct those sentences to run concurrently
that the Sessions
Judge, while passing the sentences, did not direct
that the sentences should run concurrently or for
that matter consecutively. It is claimed ... Sentence on offender already
sentenced for another offence.- (1)
When a person already undergoing a
sentence of imprisonment is
sentenced on a subsequent conviction
::: Downloaded
sentenced for the
2
Phulle @ Kabuluddin Vs. State of M.P. (Cr.A. No. 2567 of 2018)
following offences :
Convicted under Section Sentence
Under Section ... default R.I. of 1
month (On Two Counts)
All sentences shall run concurrently.
2. It is not out of place to mention here that
which the appellant has been convicted and sentenced for the
following offences :
Convicted under Section Sentence
Under Section 148 of IPC 2 years ... 2000
with default R.I. of 3 months
All sentences shall run concurrently.
2. It is not out of place to mention here that other
months additionally with a further direction to run the
sentences concurrently while remaining appellants, namely, Bhuar
Ram @ Bhuaur Ram, Satish Ram, Baleshwar Ram, Mahanth ... under Section 326
IPC maintaining sentence relating to Section 148 IPC with a further
direction to run the sentences concurrently.
39. So far Baleshwar
months additionally with a further direction to run the
sentences concurrently while remaining appellants, namely, Bhuar
Ram @ Bhuaur Ram, Satish Ram, Baleshwar Ram, Mahanth ... under Section 326
IPC maintaining sentence relating to Section 148 IPC with a further
direction to run the sentences concurrently.
39. So far Baleshwar
months additionally with a further direction to run the
sentences concurrently while remaining appellants, namely, Bhuar
Ram @ Bhuaur Ram, Satish Ram, Baleshwar Ram, Mahanth ... under Section 326
IPC maintaining sentence relating to Section 148 IPC with a further
direction to run the sentences concurrently.
39. So far Baleshwar
sentences of Life Imprisonment
cannot run one after other, therefore, these sentences are
unworkable and ought not to have been awarded. Hence, the
sentence ... normal rule is to order the sentence to be consecutive
and exception is to make the sentences concurrent. Of
course, if the Court does
charges. After hearing on the question of
sentence, the trial court sentenced A-1, A-3 and A-4 to death for the
offence under ... years and all the sentences were to run concurrently.
6. The sentence of death on A-1, A-3 and A-4 were referred
Sessions Judge directed all the sentences to run concurrently.
10. The High Court, to which the accused had preferred four appeals, in a brief judgment ... Section 326 read with Section 34 I.P.C, the sentences to run concurrently and A-5 (who had used only a lathi
