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    REPORTABLE

  IN THE SUPREME COURT OF INDIA

              CRIMINAL APPELLATE JURISDICTION

CRIMINAL     APPEAL     NOS.     1072-1073      OF     2012   (Arising out of SLP (Criminal) Nos. 2924-2925 of 2012)

Ramesh Chilwal @ Bombayya    ....   Appellant (s)

Versus

State of Uttarakhand    ....  Respondent(s)

O     R     D     E     R      

1) Leave granted.

2) Heard learned counsel for the appellant as well as for the  

respondent-State.

3) On 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.

4) Learned 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 I.P.C. and  sentence for the rigorous imprisonment of life and a  fine of Rs.1,00,000.00 (Rupees one lakh).  In default  

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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 Ramesh 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.”  

5) By the impugned order, the said conviction and  

sentences were confirmed by the High Court.  

6) Since 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  

Section 31 of the Code of Criminal Procedure, 1973, we make  

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it clear that all the sentences imposed under the IPC, the  

Gangsters Act and the Arms Act are to run concurrently.  

7) While 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.

8) The appeals are disposed of accordingly.  

     ...…………………………………J.                  (P. SATHASIVAM)

...…………………………………J.   (RANJAN GOGOI)    

NEW DELHI; JULY 20, 2012

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