RAMESH CHILWAL @ BOMBAYYA Vs STATE OF UTTARAKHAND
Bench: P. SATHASIVAM,RANJAN GOGOI
Case number: Crl.A. No.-001072-001073 / 2012
Diary number: 6380 / 2012
Advocates: GAURAV AGRAWAL Vs
ABHISHEK ATREY
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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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