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2014 Supreme(Ker) 517

K.RAMAKRISHNAN
Benson – Appellant
Versus
State of Kerala, represented by The Public Prosecutor – Respondent


Advocates:
Advocate Appeared
For the Petitioner:C.A. Anoop, Advocate.
For the Respondents: S. Hyma, Public Prosecutor.

JUDGMENT

1. This criminal miscellaneous case was filed by the petitioner, who is a convicted prisoner undergoing imprisonment in Central Prison Viyyur, seeking the relief of concurrence of sentence in different cases, in which he was convicted and sentenced under Section 482 of the Code of Criminal Procedure. (hereinafter called the 'Code').

2. It is alleged in the petition that, the petitioner was an accused in five cases on the file of the Judicial First Class Magistrate Court-I, Chavakkad, and Sessions Court (Adhoc-II), Kottayam. He was convicted and sentenced in all these cases. Appeal filed against the order of conviction in those cases were dismissed by the appellate court. He is in jail since 06.04.2003. Almost ten years were lapsed after he was incarcinated in jail. The offences alleged against him are punishable under Section 379 of the Indian Penal Code evidenced by Annexure-A1 to A4. He is suffering from different types of ailments and undergoing treatment from Medical College, Thrissur, evidenced by Annexure-5. He has to be in jail for more than 23 years. Further all these sentence are allowed to suffer, his prime young age and opportunity to have a decent life in futur






























































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