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2008 Supreme(Ker) 171

V.RAMKUMAR
Gopakumar, Convict – Appellant
Versus
State Of Kerala, Represented By Chief – Respondent


Advocates Appeared:For the Petitioners:T.P. Sajeev, Advocate. For the Respondents: Public Prosecutor.

Judgment :

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 sentence:

Provided





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