R. Banumathi JUDGMENT
T.S. Thakur, C.J.I.
1. A Bench comprising three-Judges of this Court has referred to us the following short but interesting question:
Whether consecutive life sentences can be awarded to a convict on being found guilty of a series of murders for which he has been tried in a single trial?
2. The question arises in the following circumstances:
3. The Appellants were tried for several offences including an offence punishable Under Section 302 of the Indian Penal Code, 1860 (for short, "the Indian Penal Code") for several murders allegedly committed by them in a single incident. They were found guilty and sentenced to suffer varying sentences, including a sentence of imprisonment for life for each one of the murders committed by them. What is important is that the sentence of imprisonment for life for each one of the murders was directed to run consecutively. The result was that the Appellants were to undergo consecutive life sentences ranging between two to eight such sentences depending upon the number of murders committed by them. Criminal appeals preferred against the conviction and the award of consecutive life sentences having failed, the Appellants have filed the present appeals to assail the judgments and orders passed by the courts below.
4. When the appeals came up for hearing before a three-Judge Bench of this Court, learned Counsel for the Appellant appears to have confined his challenge to the validity of the direction issued by the Trial Court and affirmed by the High Court that the sentences of imprisonment for life awarded to each one of the Appellants for several murders allegedly committed by them would run consecutively and not concurrently. It was argued that in terms of Section 31 of the Code of Criminal Procedure, 1973 (for short, "the Code of Criminal Procedure") the sentence of life imprisonment awarded to the Appellants for different murders alleged to have been committed by them could run concurrently and not consecutively as ordered by the Trial Court and the High Court. Reliance in support of that submission was placed upon a decision of a three-Judge Bench of this Court in O.M. Cherian @ Thankachan v. State of Kerala and Ors. MANU/SC/1003/2014 : (2015) 2 SCC 501 and a three-Judge Bench decision of this Court in Duryodhan Rout v. State of Orissa MANU/SC/0540/2014 : (2015) 2 SCC 783.
5. On behalf of the Respondent - State of Tamil Nadu, reliance appears to have been placed upon two other decisions of this Court in Kamalanantha and Ors. v. State of Tamil Nadu MANU/SC/0259/2005 : (2005) 5 SCC 194 and Sanaullah ........