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O.M. Cherian @ Thankachan v. State of Kerala. (SC) : Law Finder Doc Id # 632086
SUPREME COURT OF INDIA
Before:- T.S. Thakur, Adarsh Kumar Goel and R. Banumathi, JJ.
Criminal Appeal No. 2387 of 2014 (Arising out of SLP (Crl.) No. 2487 of 2014). D/d. 11.11.2014.
O.M. Cherian @ Thankachan - Appellant
Versus
State of Kerala and others - Respondents
For the Appellants :- Jayanth Muthraj and Nishe Rajen Shonker, Advocates.
For the Respondents :- Bina Madhavan and Ramesh Babu M.R., Advocates.
NUTSHELL
If two life sentences are imposed on the convict, necessarily, Court has to direct those
sentences to run concurrently.
A. Criminal Procedure Code, Section 31 - Criminal Procedure Code, Section 427 - Concurrent
running of sentences - When the prosecution is based on single transaction where it constitutes
two or more offences, sentences are to run concurrently - Imposing separate sentences, when
the acts constituting different offences form part of the single transaction is not justified -
Held:-
(i) 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.
(ii) Cannot be held 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.
[Paras 16, 17, 18, 20 and 21]
B. Criminal Procedure Code, Section 31 - Criminal Procedure Code, Section 427 - Concurrent of
sentences - When a person is convicted for two or more offences at one trial, the Court may
exercise its discretion in directing that the sentence for each offence may either run
consecutively or concurrently, but in certain cases the said discretion will not be applicable,
such as :-
(i) Where Courts impose sentence of imprisonment for life and also sentences of imprisonment
for fixed term the sentence of imprisonment of fixed term has to necessarily run concurrently
with life imprisonment.
(ii) Likewise if two life sentences are imposed on the convict, necessarily, Court has to direct
those sentences to run concurrently.

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[Paras 11, 12, 13 and 20]

C. Criminal Procedure Code, Section 31 - Criminal Procedure Code, Section 427 - Indian Penal
Code, Section 71 - Sentence in cases of conviction of several offences at one trial - Scope of
Section 31 Cr.P.C. explained.
(i) Section 31 Cr.P.C. relates to the quantum of punishment which may be legally passed when
there is (a) one trial and (b) the accused is convicted of "two or more offences".
(ii) Section 31 Cr.P.C. says that subject to the provisions of Section 71 I.P.C., Court may pass
separate sentences for two or more offences of which the accused is found guilty, but the
aggregate punishment must not exceed the limit fixed in the proviso (a) and (b) of sub-Section
(2) of Section 31 Cr.P.C.
[Paras 10, 11, 12 and 20]
D. Criminal Procedure Code, Section 31 - Indian Penal Code, Section 71 - Criminal Procedure
Code, Section 427 - Concurrent running of sentence - Scope of Section 31 Cr.P.C. - Held :-
(i) When a person is convicted for two or more offences at one trial, the court may exercise its
discretion in directing that the sentence for each offence may either run consecutively or
concurrently subject to the provisions of Section 71 I.P.C. - But the aggregate must not exceed
the limit fixed in proviso (a) and (b) of sub-section (2) of Section 31 Cr.P.C. that is - (i) it should
not exceed 14 years and (ii) it cannot exceed twice the maximum imprisonment awardable by
the sentencing court for a single offence.
[Paras 10, 11, 12 and 20]
E. Criminal Procedure Code, Section 31 - Concurrent running of sentence - If the Court directs
running of sentences concurrently, order of running of sentences is not required to be
mentioned - Discretion to order running of sentences concurrently or consecutively is judicial
discretion of the Court which is to be exercised as per established law of sentencing.
(i) The court before exercising its discretion under Section 31 Cr.P.C. is required to consider the
totality of the facts and circumstances of those offences against the accused while deciding
whether sentences are to run consecutively or concurrently.
[Paras 12, 13 and 20]
F. Criminal Procedure Code, Section 31 - Indian Penal Code, Sections 498A and 306 - Concurrent
running of sentence - Trial of accused for offences under Section 498A and 306 I.P.C. - Accused
convicted under Section 498A I.P.C. and sentenced to 2 years - Accused convicted under Section
306 I.P.C. and sentenced to 7 years R.I. - Sentences to run concurrently in facts of case.
[Para 23]
Cases Referred :-
Duryodhan Rout v. State of Orissa, 2014(3) RCR (Criminal) 700 : 2014(4) Recent Apex Judgments
(R.A.J.) 393 : 2014 (8) SCALE 96.
Manoj alias Panu v. State of Haryana, 2014(1) RCR (Criminal) 525 : 2014(1) Recent Apex Judgments
(R.A.J.) 197 : (2014)2 SCC 153.

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Mohd. Akhtar Hussain alias Ibrahim Ahmed Bhatti v. Asstt. Collector of Customs (Prevention)
Ahmedabad and Anr., (1988)4 SCC 183.
Ramesh Chilwal v. State of Uttarakhand, (2012)11 SCC 629.
V.K. Bansal v. State of Haryana, 2013(3) RCR (Criminal) 983 : 2013(3) RCR (Civil) 1052 : 2013(4) Recent
Apex Judgments (R.A.J.) 680 : (2013)7 SCC 211
JUDGMENT
R. Banumathi, J. - Leave granted.
2. This appeal arises out of the judgment dated 27.11.2013 passed in Crl. Appeal No. 910/2006 by
which the High Court of Kerala confirmed the conviction of the appellant/1st accused under
Sections 498A and 306 I.P.C. and also the sentence of imprisonment imposed on him.
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 I.P.C. 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 I.P.C. and sentenced him to undergo two years of rigorous imprisonment and to pay a fine of L
5,000/- and in default of payment of fine, to undergo further imprisonment of one year. For the
offence punishable under Section 306 I.P.C., the trial court sentenced him to undergo rigorous
imprisonment for seven years and to pay a fine of L 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 I.P.C. and were
sentenced to undergo imprisonment for two years and to pay fine of L 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.
5. Being aggrieved, the appellant/1st accused has preferred this appeal. This Court issued notice
only on the limited question as to whether the sentence can be made to run concurrently, instead
of running consecutively. This Court by order dated 18.7.2014 observed that Section 31 Cr.P.C. was

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not noticed by this Court in Mohd. Akhtar Hussain alias Ibrahim Ahmed Bhatti v. Asstt.
Collector of Customs (Prevention), Ahmedabad & Anr., (1988)4 SCC 183 and referred the matter
to be considered by a larger Bench in order to settle the law and thus, the matter is before us. The
order of Reference is as follows :
"The petitioner herein was concurrently convicted for offences under Section 498A and Section
306 I.P.C. and sentenced to undergo rigorous imprisonment for 2 years and 7 years respectively
on the above-mentioned two counts apart from paying certain amounts of fine, the details of
which may not be necessary.
Both the Courts directed that the sentences should run consecutively.
By an order dated 31st March, 2014, notice was issued limited only to the question whether the
direction whereby the sentences were ordered to run consecutively is legally tenable.
Learned counsel for the petitioner has placed reliance on the judgments of this Court in Mohd.
Akhtar Hussain alias Ibrahim Ahmed Bhatti v. Assistant Collector of Customs
(Prevention), Ahmedabad and Another, (1988)4 SCC 183 and Manoj alias Panu v. State of
Haryana, 2014(1) RCR (Criminal) 525 : 2014(1) Recent Apex Judgments (R.A.J.) 197 : (2014)2
SCC 153 and argued that when an accused is found guilty of more than one offence at the
same trial, though separate conviction is recorded on each of the different charges and
different sentences are imposed, such sentences are required to be directed to run
concurrently.
This Court in Mohd. Akhtar Hussain alias Ibrahim Ahmed Bhatti case (supra) at para (10) held
as under :
`The basic rule of thumb over the years has been the so-called single transaction rule for
concurrent sentences. If a given transaction constitutes two offences under two enactments
generally, it is wrong to have consecutive sentences. It is proper and legitimate to have
concurrent sentences. But this rule has no application if the transaction relating to offences is
not the same or the facts constituting the two offences are quite different."
I n Manoj alias Panu v. State of Haryana (supra) the Bench simply followed the earlier
judgment.
From the judgment in Mohd. Akhtar Hussain alias Ibrahim Ahmed Bhatti case (supra), it
appears that Section 31 of the Criminal Procedure Code was not noticed by this Court when
this Court observed as extracted above.
section 31 (1) of the Cr. P.C. reads as follows :-
31. Sentence in cases of conviction of several offences at one trial. `(1) When a person is
convicted at one trial of two or more offences, the Court may, subject to the provisions of
Section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several
punishments prescribed therefor which such Court is competent to inflict; such punishments
when consisting of imprisonment to commence the one after the expiration of the other in
such order as the Court may direct, unless the Court directs that such punishments shall run
concurrently.'
(2)............

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(3)............"
Therefore, the statutory stipulation is clear that normally sentences in such cases are to run
consecutively.
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."
6. Learned counsel for the appellant Mr. Jayanth Muthraj contended that when a person is
convicted at one trial for two or more offences, Section 31 Cr.P.C. vests a discretion in the Court to
direct that the punishment shall run concurrently and in the present case the trial court and the
appellate court have not properly exercised such discretionary power vested in them. Learned
counsel submitted that the section provides that where several sentences are imposed for two or
more offences, such sentences will run one after the other in such order as Court directs, unless the
Court directs running of punishments concurrently and the Court's discretion to order concurrent
running of sentences is not in any manner restricted. It was contended that there is no reason to
presume that general rule is that sentences will run one after the other and exception is that
punishments will run concurrently. He further submitted that the judicial guideline in Mohd.
Akhtar Hussain is in no way in conflict with Section 31 Cr.P.C.
7. We have heard Ms. Bina Madhavan learned counsel appearing for the respondent - State of
Kerala also, who supported the view taken by the courts below. Learned counsel placed reliance on
the recent judgment of this Court in Duryodhan Rout v. State of Orissa, 2014(3) RCR (Criminal)
700 : 2014(4) Recent Apex Judgments (R.A.J.) 393 : 2014 (8) SCALE 96..
8. We have given our thoughtful consideration to the matter and perused the materials on record.
9. Section 31 Cr.P.C. relates to the quantum of punishment that the court has jurisdiction to pass
where the accused is convicted for two or more offences at one trial. Section 31 Cr.P.C. reads as
follows :-
"S. 31. Sentence in cases of conviction of several offences at one trial. - (1) When a person
is convicted at one trial of two or more offences, the Court may, subject to the provisions of
Section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several
punishments prescribed therefor which such Court is competent to inflict; such punishments
when consisting of imprisonment to commence the one after the expiration of the other in
such order as the Court may direct, unless the Court directs that such punishments shall run
concurrently.
(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only
of the aggregate punishment for the several offences being in excess of the punishment which
it is competent to inflict on conviction of a single offence, to send the offender for trial before a
higher Court :
Provided that
(a) in no case shall such person be sentenced to imprisonment for a longer period than
fourteen years;
(b) the aggregate punishment shall not exceed twice the amount of punishment which the

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Court is competent to inflict for a single offence.

(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences
passed against him under this section shall be deemed to be a single sentence."
10. Section 31 Cr.P.C. relates to the quantum of punishment which may be legally passed when
there is (a) one trial and (b) the accused is convicted of "two or more offences". Section 31 Cr.P.C.
says that subject to the provisions of Section 71 I.P.C., Court may pass separate sentences for two or
more offences of which the accused is found guilty, but the aggregate punishment must not exceed
the limit fixed in the proviso (a) and (b) of sub-section (2) of Section 31 Cr.P.C. In Section 31(1)
Cr.P.C., since the word "may" is used, in our considered view, when a person is convicted for two or
more offences at one trial, the court may exercise its discretion in directing that the sentence for
each offence may either run consecutively or concurrently subject to the provisions of Section 71
I.P.C. But the aggregate must not exceed the limit fixed in proviso (a) and (b) of sub-section (2) of
Section 31 Cr.P.C. that is - (i) it should not exceed 14 years and (ii) it cannot exceed twice the
maximum imprisonment awardable by the sentencing court for a single offence.
11. The words "unless the court directs that such punishments shall run concurrently" occurring in
sub-section (1) of Section 31, make it clear that Section 31 Cr.P.C. vests a discretion in the Court to
direct that the punishment shall run concurrently, when the accused is convicted at one trial for
two or more offences. It is manifest from Section 31 Cr.P.C. that the Court has the power and
discretion to issue a direction for concurrent running of the sentences when the accused is
convicted at one trial for two or more offences. Section 31 Cr.P.C. authorizes the passing of
concurrent sentences in cases of substantive sentences of imprisonment. Any sentence of
imprisonment in default of fine has to be in excess of, and not concurrent with, any other sentence
of imprisonment to which the convict may have been sentenced.
12. The words in Section 31 Cr.P.C. "....sentence him for such offences, to the several punishments
prescribed therefor which such Court is competent to inflict; such punishments when consisting of
imprisonment to commence the one after the expiration of the other in such order as the Court
may direct" indicate that in case, the Court directs sentences to run one after the other, the Court
has to specify the order in which the sentences are to run. If the Court directs running of sentences
concurrently, order of running of sentences is not required to be mentioned. Discretion to order
running of sentences concurrently or consecutively is judicial discretion of the Court which is to be
exercised as per established law of sentencing. The court before exercising its discretion under
Section 31 Cr.P.C. is required to consider the totality of the facts and circumstances of those offences
against the accused while deciding whether sentences are to run consecutively or concurrently.
13. Section 31 (1) Cr.P.C. enjoins a further direction by the court to specify the order in which one
particular sentence shall commence after the expiration of the other. Difficulties arise when the
Courts impose sentence of imprisonment for life and also sentences of imprisonment for fixed term.
In such cases, if the Court does not direct that the sentences shall run concurrently, then the
sentences will run consecutively by operation of Section 31 (1) Cr.P.C. There is no question of the
convict first undergoing the sentence of imprisonment for life and thereafter undergoing the rest of
the sentences of imprisonment for fixed term and any such direction would be unworkable. Since
sentence of imprisonment for life means jail till the end of normal life of the convict, the sentence
of imprisonment of fixed term has to necessarily run concurrently with life imprisonment. In such
case, it will be in order if the Sessions Judges exercise their discretion in issuing direction for
concurrent running of sentences. Likewise if two life sentences are imposed on the convict,
necessarily, Court has to direct those sentences to run concurrently.

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14. The opening words "in the case of consecutive sentences" in sub-section (2) of Section 31 Cr.P.C.
make it clear that this sub-section refers to a case in which "consecutive sentences" are ordered.
The provision says that if an aggregate punishment for several offences is found to be in excess of
punishment which the Court is competent to inflict on a conviction of single offence, it shall not be
necessary for the Court to send the offender for trial before a higher court. Proviso (a) is added to
sub-section (2) of Section 31 Cr.P.C. to limit the aggregate of sentences - that in no case, the
aggregate of consecutive sentences passed against an accused shall exceed fourteen years.
"Fourteen years rule" contained in clause (a) of the proviso to Section 31 (2) Cr.P.C. may not be
applicable in relation to sentence of imprisonment for life, since imprisonment for life means the
convict will remain in jail till the end of his normal life.
15. In Ramesh Chilwal v. State of Uttarakhand, (2012)11 SCC 629, the accused was convicted
under Section 302 I.P.C. and sentenced to undergo imprisonment for life. Accused was also convicted
under Sections 2/3 [3(1)] of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 and
sentenced to undergo rigorous imprisonment for ten years and under Section 27 of the Arms Act
sentenced to further undergo rigorous imprisonment for seven years. Considering the fact that the
trial court had awarded life sentence under Section 302 I.P.C., this Court directed that all sentences
imposed under Section 302 I.P.C., Sections 2/3 [3(1)] of the Gangsters Act and Section 27 of the Arms
Act to run concurrently.
16. When the prosecution is based on single transaction where it constitutes two or more offences,
sentences are to run concurrently. Imposing separate sentences, when the acts constituting different
offences form part of the single transaction is not justified. So far as the benefit available to the
accused to have the sentences to run concurrently of several offences based on single transaction,
in V.K. Bansal v. State of Haryana & Anr., 2013(3) RCR (Criminal) 983 : 2013(3) RCR (Civil) 1052 :
2013(4) Recent Apex Judgments (R.A.J.) 680 : (2013)7 SCC 211, in which one of us (Justice T.S.
Thakur) was a member, this Court held as under:-
"... we may say that the legal position favours exercise of discretion to the benefit of the
prisoner in cases where the prosecution is based on a single transaction no matter different
complaints in relation thereto may have been filed as is the position in cases involving
dishonour of cheques issued by the borrower towards repayment of a loan to the creditor."
17. This Court in the case of Mohd. Akhtar Hussain alias Ibrahim Ahmed Bhatti v. Asstt.
Collector of Customs (Prevention) Ahmedabad and Anr., (1988)4 SCC 183, recognised the basic
rule of conviction arising out of a single transaction justifying the concurrent running of the
sentences. The following passage in this regard is relevant to be noted :-
"The basic rule of thumb over the years has been the so-called single transaction rule for
concurrent sentences. If a given transaction constitutes two offences under two enactments
generally, it is wrong to have consecutive sentences. It is proper and legitimate to have
concurrent sentences. But this rule has no application if the transaction relating to offences is
not the same or the facts constituting the two offences are quite different."
I n Manoj alias Panu v. State of Haryana, 2014(1) RCR (Criminal) 525 : 2014(1) Recent Apex
Judgments (R.A.J.) 197 : (2014)2 SCC 153, the Bench followed Mohd. Akhtar Hussain's case.
18. While referring the matter to a larger Bench, the Bench observed that in Mohd. Akhtar
Hussain's case, Section 31 Cr.P.C. was not noticed by this Court. It is to be pointed out that in Mohd.
Akhtar Hussain's case and Manoj's case, the appellants who were convicted for different counts of

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offences arose out of a single transaction, favouring the exercise of discretion to the benefit of the
accused that the sentences shall run concurrently. Those decisions are not cases arising out of
conviction at one trial of two or more offences and therefore, reference to Section 31 Cr.P.C. in those
cases was not necessitated.
19. As pointed out earlier, Section 31 Cr.P.C. deals with quantum of punishment which may be
legally passed when there is - (a) one trial and (b) the accused is convicted of two or more offences.
Ambit of Section 31 is wide, covering not only single transaction constituting two or more offences
but also offences arising out of two or more transactions. In the two judgments in Mohd. Akhtar
Hussain and Manoj (supra), the issue that fell for consideration was the imposition of sentence for
two or more offences arising out of the single transaction. It is in that context, in those cases, this
Court held that the sentences shall run concurrently.
20. Under Section 31 Cr.P.C. it is left to the full discretion of the Court to order the sentences to run
concurrently in case of conviction for two or more offences. It is difficult to lay down any
straitjacket approach in the matter of exercise of such discretion by the courts. By and large, trial
courts and appellate courts have invoked and exercised their discretion to issue directions for
concurrent running of sentences, favouring the benefit to be given to the accused. Whether a
direction for concurrent running of sentences ought to be issued in a given case would depend
upon the nature of the offence or offences committed and the facts and circumstances of the case.
The discretion has to be exercised along the judicial lines and not mechanically.
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.
22. Having answered the reference, the merits of the matter can be gone into by the referring
Bench; but we consider it appropriate to dispose of the appeal itself to avoid any further delay.
Adverting to the present case, the learned counsel for the appellant contended that the facts and
circumstances of the case were not kept in view to invoke the discretion for concurrent running of
sentences. It was submitted that appellant is employed in Gulf countries and between 1988 - 1996,
the appellant visited India only four times and there could not have been any continuous
harassment on his part and in the said facts and circumstances of the case, the trial court and the
High Court ought to have judiciously exercised their discretion in directing sentences to run
concurrently and therefore, prayer for intervention of this Court was made.
23. The trial court directed the sentences imposed on the appellant/accused under Sections 498A
and 306 I.P.C. to run consecutively, which was affirmed by the High Court. When the trial court
declines to exercise its discretion under Section 31 Cr.P.C. in issuing direction for concurrent running
of sentences, normally the appellate court will not interfere, unless the refusal to exercise such
discretion is shown to be arbitrary or unreasonable. When the trial court as well as the appellate
court declined to exercise their discretion, normally we would have refrained from interfering with
such direction of the courts for consecutive running of sentences. But in the facts and
circumstances of the present case, in our view, the sentences imposed on the appellant could be
ordered to be run concurrently. At the time of marriage, the appellant was employed as a Painter
at Delhi and after marriage, it is stated that the appellant had secured an employment in Gulf

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countries and used to visit India once in two years only. It is brought on evidence that in a period
of eight years from 1988 - 1996, he came on leave to India for only four times and finally he visited
India while he was on leave during January- February 1996. The appellant also appears to have
taken efforts for mediation to settle the differences and the mediation was scheduled to take place
on 23.2.1996; but Lillikutty committed suicide on the same day. Keeping in view the totality of the
facts and circumstances of the case, the sentences imposed on the appellant for the offences
punishable under Sections 498A and 306 I.P.C. are ordered to run concurrently and the appeal is
disposed of with the above modifications.
24. The reference is answered accordingly and the appeal allowed in part to the extent as indicated
above.
.

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