The High Court of Kerala dismissed a criminal miscellaneous petition seeking to modify a life sentence awarded for murder under Section 302 IPC. The Court held Section 427 Cr.P.C. does not apply to life imprisonment and offered no remedy under Section 482 Cr.P.C. for modifying it.
Crl.M.C. No.1596 of 2019 is dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 01ST DAY OF OCTOBER 2020 / 9TH ASWINA, 1942
Crl.MC.No.1596 OF 2019(H)
AGAINST THE JUDGMENT IN SC 436/2006 DATED 09-07-2008 OF II ADDITIONAL SESSIONS COURT, ERNAKULAM
CP 16/2006 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, ERNAKULAM
CRIME NO.137/2006 OF HILL PALACE POLICE STATION, ERNAKULAM
PETITIONER/9th ACCUSED:
JOBY @ SABU, AGED 42 YEARS, S/O.JOY, CHEMMARIKKAL VEEDU, MARIYAPPADY BHAGOM, U.C.COLLEGE, KARA KARUMALLUR VILLAGE, ALUVA NOW AT KANNUR CENTRAL JAIL, C NO.740.
BY ADV. SRI.M.R.JAYAPRASAD
RESPONDENT/STATE:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682031.
2 THE SUPERINTENDENT, CENTRAL PRISON KANNUR- 670001.
BY PUBLIC PROSECUTOR SRI.RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01.10.2020. THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
The accused came up both under Section 482 and 427(2) Cr.P.C. to modify the sentence awarded for the offence punishable under Section 302 IPC and connected offences within the same transaction. Section 427 Cr.P.C. is extracted below for reference:
(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 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
Crl.M.C.No.1596 of 2019
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subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence.
Section 427 Cr.P.C. would come into play when there
is subsequent conviction resulting in sentence of imprisonment for a term or life imprisonment. It has no application when there is no subsequent conviction and sentence for imprisonment. What is involved in the present case is that the accused was convicted for the offence punishable under Section 302 and other offences and sentenced to undergo imprisonment for life. The expression 'imprisonment for life' stands for imprisonment till the last breath, though it is amenable to Sections 432 and 433A of Cr.P.C. (provisions dealing with remission and commutation). It is not a ground to exhaust the remedy either under Section 427(2)Cr.P.C. or under Section 482 Cr.P.C.
Crl.M.C. is dismissed.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
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APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE I COPY OF JUDGMENT DATED 09.07.2008 IN S.C.NO.436/2006.
ANNEXURE II COPY OF THE JUDGMENT IN S.C 314/2007 27.06.2008.
ANNEXURE III COPY OF THE COMMON JUDGMENT IN CRL.A.NO.1336/2008 AND CRL.APPEAL NO.2680/2009 DATED 01.04.2011.
RESPONDENTS' ANNEXURE : NIL
// TRUE COPY//
P.A. TO JUDGE
3 issues framed by the court
Whether Section 427(2) Cr.P.C. or Section 482 Cr.P.C. can be invoked to modify a sentence of life imprisonment awarded for an offence under Section 302 IPC.
Whether the subsequent sentence runs concurrently or consecutively when the person is already undergoing a sentence of imprisonment for life.
Whether the Commissioner of Police / courts below erred in failing to allow the contiguous sentence argument despite life imprisonment award.
3 provisions across 2 enactments
JOBY @ SABU
STATE OF KERALA
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
