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2022 Supreme(Ker) 1085

K. VINOD CHANDRAN, C. JAYACHANDRAN
Tony @ Thomas, S/o. Augustine – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Nikita J. Mendez, P.M. Rafiq, M. Revikrishnan, Ajeesh K. Sasi, Sruthy N. Bhat, Rahul Sunil, Sruthy K.K., P. Vijaya Bhanu (SR.).
For the Respondent: Sri. Sreejith V.S., Public Prosecutor.

ORDER :

K. Vinod Chandran, J.

The above Crl. MC is filed by the petitioner who is convicted in Sessions Case 460 of 2012 under Sections 450, 394 & 302. Life imprisonment was imposed under Section 302 IPC and term sentences under Sections 450 & 394, respectively of 10 years each. The Sessions Court had also, relying on the decision of the Hon'ble Supreme Court in Swamy Shraddananda v. State of Karnataka [(2008) 13 SCC 767], directed that the accused shall not be released from the prison for a period of 20 years. In appeal, the conviction on all counts was confirmed by this Court. The sentence of life imprisonment, which was directed to be without remission for 20 years was interfered with for reason of the Sessions Judges having no such power as declared in Union of India v. V. Sriharan [(2016) 7 SCC 1]. The direction to continue the imprisonment for 20 years without remission was alone interfered with. The sentence of life imprisonment under S.302 and the term sentences under the other two provisions stood confirmed.

2. The question raised in this Crl.M.C. is as to whether the sentences have to be undergone concurrently or consecutively; especially when no such direction is evident fr

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