O.M Cherian @ Thankachan vs State Of Kerala & Ors

3. Briefly stated, case of the prosecution is that the 1st accused married Lillikutty and their marriage was solemnized on 11.2.1988 and they continued their stay in House bearing No. MP. VIII/84 of Karulayai Amsom along with other accused, who are the father, mother and brother of the appellant. The allegation levelled is that in the matrimonial house, the appellant/1st accused and other accused ill-treated and tortured Lillikutty, compelling her to take the extreme step of putting an end to her life by committing suicide. During the marital life, Lillikutty had a premature delivery. When she became pregnant again in 1993, it is alleged that A-1 provided her with some tablets and Lillikutty had a miscarriage. During her marital life Lillikutty delivered a child who did not live long. On 23.2.1996 Lillikutty poured kerosene oil on herself and also drank some, which was later cleared away. On 23.2.1996, a mediation talk had been scheduled and PW-1 and the relatives of Lillikutty were also to attend the mediation talks but when the meeting was so scheduled, Lillikutty committed suicide by hanging. On the first information by PW-1, a neighbour of the accused, law was set in motion. Initially FIR was registered for unnatural death under Section 174 Cr.P.C. and on subsequent complaint, the same was altered to one for the offences punishable under Sections 498A and 306 IPC. PW-4 conducted autopsy and submitted the post- mortem report. PW-14, investigating officer, had taken up the investigation and seized the documents and material objects and examined the witnesses and laid the charge sheet against the appellant and other accused. In the trial court, PWs 1 to 15 were examined and Exs. P-1 to P- 25 were marked and MOs 1 to 18 were identified. The accused were questioned under Section 313 Cr.P.C. and they denied all the incriminating evidence and circumstances brought out in evidence against them.

4. Upon consideration of evidence, the trial court convicted the appellant/1st accused under Section 498A IPC and sentenced him to undergo two years of rigorous imprisonment and to pay a fine of Rs.5,000/- and in default of payment of fine, to undergo further imprisonment of one year. For the offence punishable under Section 306 IPC, the trial court sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.50,000/- and in default of payment of fine, to undergo further imprisonment of three years. The substantive sentences of the appellant were ordered to run consecutively. Accused 2 to 4 were convicted under Section 498A IPC and were sentenced to undergo imprisonment for two years and to pay fine of Rs. 5,000/- with default clause of one year. The High Court confirmed the conviction and also the sentence of imprisonment imposed upon all the accused.

Hence we find it difficult for us to accept the statement of law made in the above mentioned two cases. We, therefore, deem it appropriate that the matter be considered by a Bench of appropriate strength to settle the law. We direct the Registry to place the papers before Hon’ble the Chief Justice of India for appropriate orders.”

21. Accordingly, we answer the Reference by holding that Section 31 Cr.P.C. leaves full discretion with the Court to order sentences for two or more offences at one trial to run concurrently, having regard to the nature of offences and attendant aggravating or mitigating circumstances. We do not find any reason to hold that normal rule is to order the sentence to be consecutive and exception is to make the sentences concurrent. Of course, if the Court does not order the sentence to be concurrent, one sentence may run after the other, in such order as the Court may direct. We also do not find any conflict in earlier judgment in Mohd. Akhtar Hussain and Section 31 Cr.P.C.

24. The reference is answered accordingly and the appeal allowed in part to the extent as indicated above.