Gopakumar vs State Of Kerala on 17 March, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 975 of 2008()


1. GOPAKUMAR, CONVICT NO.4307,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY CHIEF
                       ...       Respondent

2. SUPERINTENDENT OF PRISON,

                For Petitioner  :SRI.SAJEEV.T.P.

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :17/03/2008

 O R D E R
                          V. RAMKUMAR, J.
                 * * * * * * * * * * * * * * * * * *
                      Crl. M.C. No. 975 of 2008
                 * * * * * * * * * * * * * * * * * *
                          Dated: 17-3-2008


                                ORDER

Petitioner, Gopakumar (Convict No. 4307) is an inmate of

Central Prison, Thiruvananthapuram. He was convicted and sentenced

to imprisonment for life in S.C. No. 89 of 1996 on the file of the

Sessions Court, Kollam under Sec. 302 I.P.C. The conviction was on

17-9-1997. Subsequently he has been convicted and sentenced to

imprisonment for life on 20-01-2000 in S.C. No. 193 of 1994 on the

file of the I Addl. Sessions Court, Thiruvananthapuram. He prays for

concurrence in the sentence by virtue of Sec. 427 (2) Cr.P.C. This

petition has been necessitated on account of the alleged refusal on the

part of the authorities of the Central Prison, Thiruvananthapuram to

recognize the above position.

2. Sec. 427 reads as follows:

“427. Sentence on offender already sentenced
for another offence – (1) When a person already
undergoing a sentence of imprisonment is sentenced on
a subsequent conviction to imprisonment or
imprisonment for life, such imprisonment or
imprisonment for life shall commence at the expiration
of the imprisonment to which he has been previously
sentenced, unless the court directs that the subsequent
sentence shall run concurrently with such previous

Crl. M.C. No. 975 of 2008 -:2:-

sentence:

Provided that where a person who has been
sentenced to imprisonment by an order under Section
122 in default of furnishing security is, whilst
undergoing such sentence, sentenced to imprisonment
for an offence committed prior to the making of such
order, the latter sentence shall commence immediately.

(2) 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”.

(emphasis supplied)

3. A reading of sub Sec. 2 of Sec. 427 does not admit of any

doubt at all. When a person already undergoing imprisonment for life

is sentenced on a subsequent conviction to imprisonment for a term

or imprisonment for life the above provision directs that the

subsequent sentence shall run concurrently with such previous

sentence. No declaration by Court is necessary if the facts attract

sub section 2 of Sec. 427 Cr.P.C. Hence, even without a declaration,

the prison authorities have to comply with the law and treat the

subsequent sentence as concurrent.

4. The petitioner has got a further prayer that he was not

given set off with regard to the imprisonment for life awarded in S.C.

89 of 1996 on the file of the Sessions Court, Kollam. Imprisonment

for life means imprisonment for the entire remainder of the biological

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life of the prisoner and set off under Sec. 428 Cr.P.C. can be given

only if the appropriate Government passes orders either under Sec.

432 or Sec. 433 Cr.P.C. Hence, the petitioner would be entitled to

set off only if appropriate Government passes orders under Sections

432 or 433 Cr.P.C.

Clarifying the above position, this Crl.M.C. is disposed of as

above.

                                         Sd/-V. RAMKUMAR, JUDGE




ani/                         /true copy/

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