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2011 Supreme(Gau) 962

UTPALENDU BIKAS SAHA, SUBHASIS TALAPATRA
Subash Das – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. R. Datta, Adv.
For Respondents/Defendant: Mr. D. Sarkar

JUDGMENT

S. Talpatra, J.

1. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), the petitioners urge for a direction that the sentences passed in S.T. No. 22 (ST/S)/2004, dated 12.05.2005, which were confirmed by a Division Bench of this Court in common judgment and order dated 12.08.2011, as passed in Criminal Appeals Nos. 57 of 2005, 37 of 2008, 46 of 2008 and 80 of 2009, shall run concurrently instead of consecutively as directed. This petition having been filed under Section 482, Cr.P.C. read with Article 227 of the Constitution of India, is based on the provision of Section 31 of Cr.P.C. which provides limits of punishment of offence made up of several offences. Section 71 of the Indian Penal Code and runs as follows:--

71. Limit of punishment of offence made up of several offences.--Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences/unless it be so expressly provided.

[Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offenc

























































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