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Supreme Court Of India
RAM LAL
Versus
STATE OF HARYANA
Decided on : May 7, 2003
Criminal Procedure Code, 1973, Section 427 - Indian Penal Code, 1860, Sections 326 read with 34 - Concurrent running of sentences - Appellant convicted Section 326 read with Section 34 IPC- The appellant caused injuries to two persons and the conviction was on two counts- The High Court ordered the sentences to run consecutively and not concurrently- Contention that the sentence should run concurrently i.e. the total period to be 3 years, not accepted- The offence was of serious nature- Therefore the sentence of imprisonment reduced from 3 years to 2 years for the offence under Section 326 / 34 IPC on two counts - Sentence directed to run consecutively i.e. the total period shall be 4 years. [Paras 3 and 4 ]
( 1 ) LEAVE granted.
( 2 ) HEARD both sides.
( 3 ) THE appellant herein was convicted for the offence punishable under section 326 read with Section 34 IPC. The appellant had caused injuries to two persons and the conviction was on two counts. The High Court was pleased to order that the conviction for imprisonment for 3 years on two counts shall run consecutively and not concurrently. Aggrieved by the same, the appellant filed this appeal from jail.
( 4 ) THE offence committed by the appellant is of serious nature and the prayer now made by the appellant is that the sentence shall run concurrently i. e. the total period shall be 3 years. We are not inclined to accept this contention. Therefore we reduce the sentence of imprisonment from 3 years to 2 years for the offence under Section 326 read with Section 34 IPC on two counts and order that it shall run consecutively i. e. the total period shall be 4 years.
( 5 ) THE appeal is disposed of.
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