MAHENDRA CHANDRA AND OTHERS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) I.A.No.1. application for suspension of conviction of Appellant No.1-Mahendra Chandra.

(2.) The prosecution case is that during the course of counting of ballet papers in the election of Office Bearer of Nagar Panchayat, Jaijaipur (a local municipal body), a dispute arose on the allegation and counter allegation of false voting and against the appellant - Mahendra Chandra and other accused in two appeals, it is alleged that the assault and criminal force was opened on the returning officer and other officials connected with election duties as also the police officials. It is alleged that they were abused, threatened of life, assaulted with hand, fist, club and government property including official vehicles were destroyed. Returning officer-AtuI Sethe sustained multiple injuries. Five police officials also sustained injury. Two separate criminal cases, one on the report lodged by the returning officer and the other on the report of involved police officials were registered and investigation carried out, resulting in filing of two charge sheets and trial of the appellant - Mahendra Chandra along with other appellants / accused under two session trials i.e. Session Trial No.258/11 and Sessions Trial No.11/12. The Sessions Judge held analogous trial in both the cases and two separate judgments of conviction and sentence were passed on 09/01/15. In Sessions Trial No.258/11, the appellant -Mahendra Chandra along with other accused was held guilty of commission of offence under Section 147, 353, 332, 427 IPC and Section 132 of Representation of People Act, 1951 and convicted for two years with fine of Rs.500/- for offence under Section 332 IPC, six months for offence under Section 147 IPC, six months with fine of Rs.500/- for offence under Section 427 IPC and three months for offence under Section 132 of Representation of People Act, 1951.

(3.) The aforesaid two appeals arise out of aforesaid two judgments of conviction and sentence. In both the cases, the appellant - Mahendra along with other appellants / accused have been granted bail by suspending the jail sentence awarded to them. However, during the pendency of the criminal case, the appellant - Mahendra Chandra contested election to the office of the President, Nagar Panchayat, Jaijaipur on 04/01/15 and was declared elected. According to the appellant - Mahendra Chandra, conviction of the appellant in the aforesaid two cases may disqualify him to hold the office of the President. Therefore, he has filed separate applications for staying / suspending his conviction in both the cases. The applications in both the appeals were heard analogously in view of the above background.