Section 427 in The Code of Criminal Procedure, 1973
427. Sentence on offender already sentenced for another offence.
(1) When a person already undergoing ... TAMIL NADU.- In Section 427 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), after sub-section (1) the following sub-section
undergoing, may be held to run
concurrently under Section 427 Cr.P.C.
4.2 It is submitted that the appellant – accused has already
completed ... cases falling
under proviso to Section 427(1) of Cr.PC; falling under
Section 427(2) of Cr.PC or when the court directs sentences
petitioner was found guilty under Section 304(i) I.P.C. instead of 302 I.P.C . and sentenced to suffer seven years of rigorous ... Court under Section 482 Cr.P.C. is not maintainable. He has also canvassed that the relief under Section 482 Cr.P.C
427(1) Cr.P.C and
denied the benefits to a prisoner, then the prisoner cannot
invoke Section 482 Cr.P.C to once again ... Cr.P.C.. Sub-section (2) is in the nature of an exception to the
general rule enacted in sub-section (1) of Section 427
under Section 482 of the Code of Criminal Procedure
[hereinafter referred to as “ Cr.P.C ”] for granting the
relief under Section 427 , Cr.P ... discretion for invoking
the power under Section 482 , Cr.P.C for granting the
relief under Section 427 , Cr.P.C, on the basis
under Section 482 of the Code of Criminal Procedure
[hereinafter referred to as “ Cr.P.C ”] for granting the
relief under Section 427 , Cr.P ... discretion for invoking the power under
Section 482 , Cr.P.C for granting the relief under Section 427 ,
Cr.P.C, on the basis
WHETHER, the High Court exercising powers under Section
482 Cr.P.C., invoke Section 427 Cr.P.C. and order that sentences
awarded ... Cr.L.R. (Raj.) 346, answered the said reference in the
following terms:
"As per Section 427 Code of Criminal Procedure, in normal
course
sentences
concurrent under Section 427 Cr.P.C. cannot be
exercised by the Court under Section 482 Cr.P.C.
A Single Bench of this ... 427(1) Cr.P.C. and denied
16
the benefits to a prisoner, then the prisoner
cannot invoke Section 482 Cr.P.C. to once
would
be section 417(1) of Cr.P.C which would be applicable to
the case of petitioner and not sec. 427(2) of Cr ... offences. This aspect is
covered by Section 427 of the Code.
Section 427 of the Code of Criminal Procedure provides
as under :
"427. Sentence
transaction"
has been incorporated in Section 220 Cr.P.C. Section 31 of the Cr.P.C.
contemplates a situation where sentences are being ... Section 31 Cr.P.C. dealt with initial
stage where a person has committed several offences at one trial, Section
219 Cr.P.C. sought
