Concurrent life sentences under Section 427(2): later life imprisonment must run with the earlier sentence as a statutory right.

A prisoner already serving life imprisonment was held entitled to concurrent running of a later life sentence under Section 427(2) of the Code of Criminal Procedure, 1973. The provision was treated as mandatory and conferring a statutory entitlement, not a matter of judicial discretion. The earlier refusal of relief was described as per incuriam because it applied principles relevant to Section 427(1) instead of Section 427(2). Section 362 was held not to prevent correction of that legal position where the substantive sentence was unchanged.

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Issues: Whether two life sentences imposed in different cases on a prisoner already undergoing life imprisonment are required to run concurrently under Section 427(2) of the Code of Criminal Procedure, 1973.

Analysis: Section 427(2) mandates that when a person already undergoing a sentence of imprisonment for life is later sentenced to imprisonment for life or for a term, the subsequent sentence runs concurrently with the earlier life sentence. The provision operates as a statutory right and does not depend upon judicial discretion. The earlier order declining relief was treated as per incuriam because it had overlooked the mandate of Section 427(2) and had proceeded on principles applicable to Section 427(1), which concerns a different situation. The Court also held that Section 362 does not bar correction of the legal position where the substantive sentence itself is not altered, and relied on the principle that an act of the court should prejudice no one.

Conclusion: The prisoner was entitled to the benefit of Section 427(2), and the two life sentences were directed to run concurrently.

Ratio Decidendi: A subsequent sentence of imprisonment passed on a person already serving life imprisonment must run concurrently with the earlier life sentence under Section 427(2) of the Code of Criminal Procedure, 1973.

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