V. Ramkumar, J.

In this petition filed under Section 482 Cr.P.C., the petitioners who were accused Nos.1 and 3 in S.C. No. 315 of 1998 on the file of the Additional Sessions Court (Fast Track Court-I), Thiruvananthapuram seek a direction that the substantive sentences of imprisonment for life and rigorous imprisonment for five years imposed on them under Sections 302 and 449 I.P.C. may be directed to run concurrently and not consecutively. The petitioners are now serving the sentence in the Open Prison, Nettukaltheri in Thiruvananthapuram district.

THE BACKGROUND FACTS

2. The facts leading to this petition can be summarised as follows:- S.C. No. 315 of 1998 before the Additional Sessions Court (Fast Track Court-I), Trivandrum was a case charge-sheeted by the Kanjiramkulam Police in Crime No.51 of 1997 against nine accused persons for offences punishable under Sections 143, 147, 148, 427,449 and 302 read with Section 149 I.P.C. The nine persons who were charge-sheeted were:-

1. Shibu (1st petitioner herein)

2. Suresh Babu @ Thambu

3. Sivadasan @ Dasan (2nd petitioner herein)

4. Sivarajan @ Sivadasan

5. Shemi @ Sohan

6. Kumar @ Kappakka

7. Santhosh

8. Sasi

9. Anil Kumar @ Ani

Out of the ni