Ramesh Chilwal @ Bombayya v. State of Uttarakhand

ORDER

¶1Leave granted.

¶2Heard learned counsel for the appellant as well as for the respondent-State.

¶3On 9th April, 2012, this Court issued notice confining to the question of sentence only that too for clarifying that all the sentences to run concurrently.

¶4Learned counsel appearing for the appellant has brought to our notice that the trial Judge has convicted and sentenced the appellant in the following order:

i) The accused Ramesh Chilwal @ Bambayya is

convicted in Case Crime No.580/2004, Special Session Triable Case No.28/2005 under Section 302 l.P.C. and sentence for the rigorous imprisonment of life and a fine of Rs.1,00,000.00 (Rupees one lakh). In default for the payment of fine, he shall also serve a simple imprisonment for a period of six months. Out of this Rupees One Lac, Rs.50,000.00 (Rupees fifty thousand) is awarded as compensation to the family of the deceased. ii) The accused Ramesh Chilwal @ Bambayya is

convicted in Case Crime No. 580/2004, Special Session Triable Case No.28/2005 under Section 2/ 3 [3(1)) Gangsters Act and sentence for the rigorous imprisonment of 10 (ten) years and a fine of Rs.50,000.00 (Rupees fifty thousand). In default for the payment of fine, he shall also serve a simple imprisonment for a period of four months. Out of this Rs.50,000.00 (Rupees fifty thousand), rupees twenty five thousand is awarded as compensation to the family of the deceased.

iii) Accused Ram.esh Chilwal @ Bambayya is

convicted in Case Crime No. 737/2004, Sessions Triable Case No. 118/2005 under Section 27 of the Arms Act and sentence for the rigorous

imprisonment of 7 (seven) years and a fine of Rs.25,000.00 (Rupees twenty five thousand). In default for the payment of fine, he shall also serve a simple imprisonment for a period of four months. Out of this Rs.25,000.00, half of the amount is awarded as compensation to the family of the deceased."

¶5By the impugned order, the said conviction and sentences were confirmed by the High Court.

¶6Since this Court issued notice only to clarify the sentence awarded by the trial Judge, there is no need to go into all the factual details. We are not inclined to modify the sentence. However, considering the fact that the trial Judge has awarded life sentence for an offence under Section 302, in view of o Section 31 of the Code of Criminal Procedure, 1973, we make

it clear that all the sentences imposed under the IPC, the Gangsters Act and the Arms Act are to run concurrently.

¶7While confirming the conviction, we clarify that all the sentences are to run concurrently. To this extent, the judgment of the trial Court as affirmed by the High Court is modified.

¶8The appeals are disposed of accordingly.

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1072-1073 of 2012.

From the Judgment & Order dated 11.11.2011 of the High Court of Uttarakhand at Nainital in Criminal Appeal Nos. 15 & 16 of 2006.

Gaurav Agrawal for the Appellant.

Abhishek Atrey, Shivika Jain for the Respondent.