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2000 Supreme(SC) 484

K.T.THOMAS, M.B.SHAH
Ammavasai – Appellant
Versus
Inspector Of Police, Valliyanur – Respondent


ORDER

Leave granted.

2. Appellants in this case are two. 1st Appellant - Ammavasai was convicted in 4 different cases the occurrence in all of which took place between 27.3.1990 and 7.5.1990. The offence found against him in all the cases was under Section 395 of the India Penal Code and in each case he was sentenced to undergo rigorous imprisonment for 7 years. If he is not given the benefit in exercise of the discretion conferred under Section 427 of the Criminal Procedure Code, he may have to undergo a very long period of 28 years in jail.

3. The 2nd Appellant - Deivaraj was convicted in 5 different cases the occurrence in all of which took place between 21.10.1989 and 7.5.1990. He was also found guilty under Section 395 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of 7 years in each case. If the benefit conferred under Section 427 is not extended to him, he may have to undergo imprisonment for a total period of 35 year in jail.

4. On the other hand, if we allow the Appellants to have the benefit of all the sentences to run concurrently, he would be out by now after serving only imprisonment for a period of 7 years awarded in one case. Bot













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