RAMESH CHILWAL @ BOMBAYYAversusSTATE OF UTTARAKHAND

                        [2012] 6 S.C.Ft 558


A                RAMESH CHILWAL @ BOMBAYYA
                                v.
                    STATE OF UTIARAKHAND
             (Criminal Appeal Nos.1072-1073 of 2012)
                            JULY 20, 2012
B
          [P. SATHASIVAM AND RANJAN GOGOi, JJ.)

        Sentence/Sentencing: Conviction of accused-appellants
  under i) s.302 /PC alongwith life imprisonment; ii) s.213 of the
C Gangsters Act a/ongwith 10 years rigorous imprisonment and
  iii) s. 27 of the Arms Act a/ongwith 7 years rigorous
  imprisonment - Conviction affirmed by both High Court and
  Supreme Court - Clarification given by Supreme Court as
  regards the sentencing part - Held: Considering the fact that
D the trial court had awarded life sentence for offence u/s.302,
  /PC; in view of s.31, Cr.P.C., all the sentences imposed under
  the /PC, Gangsters Act and Arms Act would run concurrently
  - Code of Criminal Procedure, 1973 - s.31.

E       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.
F
        Gaurav Agrawal for the Appellant.

        Abhishek Atrey, Shivika Jain for the Respondent.

        The order of the Court was delivered
G
                               ORDER

        1. Leave granted.


H                                558
  RAMESH CHILWAL @ BOMBAYYA v. STATE OF                      559
              UTTARAKHAND
     2. Heard learned counsel for the appellant as well as for       A
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.
                                                                     B
     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                c
             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,
                                                                    D
             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                E
             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    F
             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.                          G
      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
                                                                     H
    560      SUPREME COURT REPORTS                    [2012] 6 S.C.R.


A                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
B                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.

C         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
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.

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

          8. The appeals are disposed of accordingly.

    B.B.B.                                     Appeals disposed of.