IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 Crl.MC.No. 975 of 2008() ------------------------ PETITIONER: ------------ GOPAKUMAR, CONVICT NO.4307, CENTRAL PRISON, THIRUVANANTHAPURAM. BY ADV. SRI.SAJEEV.T.P. RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF PRISON, CENTRAL PRISON, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. M.C. No. 975 of 2008 * * * * * * * * * * * * * * * * * * Dated: 17-3-2008 ORDER Petitioner, Gopakumar (Convict No. 4307) is an inmate of Central Prison, Thiruvananthapuram. He was convicted and sentenced to imprisonment for life in S.C. No. 89 of 1996 on the file of the Sessions Court, Kollam under Sec. 302 I.P.C. The conviction was on 17-9-1997. Subsequently he has been convicted and sentenced to imprisonment for life on 20-01-2000 in S.C. No. 193 of 1994 on the file of the I Addl. Sessions Court, Thiruvananthapuram. He prays for concurrence in the sentence by virtue of Sec. 427 (2) Cr.P.C. This petition has been necessitated on account of the alleged refusal on the part of the authorities of the Central Prison, Thiruvananthapuram to recognize the above position. 2. Sec. 427 reads as follows: “427. Sentence on offender already sentenced for another offence - (1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the court directs that the subsequent sentence shall run concurrently with such previous Crl. M.C. No. 975 of 2008 -:2:- sentence: Provided that where a person who has been sentenced to imprisonment by an order under Section 122 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately. (2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence”. (emphasis supplied) 3. A reading of sub Sec. 2 of Sec. 427 does not admit of any doubt at all. When a person already undergoing imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life the above provision directs that the subsequent sentence shall run concurrently with such previous sentence. No declaration by Court is necessary if the facts attract sub section 2 of Sec. 427 Cr.P.C. Hence, even without a declaration, the prison authorities have to comply with the law and treat the subsequent sentence as concurrent. 4. The petitioner has got a further prayer that he was not given set off with regard to the imprisonment for life awarded in S.C. 89 of 1996 on the file of the Sessions Court, Kollam. Imprisonment for life means imprisonment for the entire remainder of the biological Crl. M.C. No. 975 of 2008 -:3:- life of the prisoner and set off under Sec. 428 Cr.P.C. can be given only if the appropriate Government passes orders either under Sec. 432 or Sec. 433 Cr.P.C. Hence, the petitioner would be entitled to set off only if appropriate Government passes orders under Sections 432 or 433 Cr.P.C. Clarifying the above position, this Crl.M.C. is disposed of as above. Sd/-V. RAMKUMAR, JUDGE ani/ /true copy/ Crl. M.C. No. 975 of 2008 -:4:-