SANTOSH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Mr.R.N.S. Chauhan, learned Counsel for the applicant and Mr. Umesh Verma, learned Additional Government Advocate.

(2.) THE applicant-appellant has been convicted under Sections 302/34 IPC and sentenced to imprisonment for life and a fine of Rs.10,000/- vide judgment and order dated 29.4.2006. A default stipulation has also been mentioned therein.

(3.) SUBSEQUENTLY , the appellant's father while, working in the Prayogshala Sahayak (Prani Vigynan Vibhag) at MLK (PG) College, Balrampur, died on 15.2.2010 and as such, he moved an application for appointment under the provisions of Dying-in-Harness Rules, 1974 on 6.4.2010, on which the mother and younger brother of appellant endorsed that they have no objection in case the appellant is appointed in place of his father under the aforesaid Rules. The said application was considered by the Appointing Authority, i.e. Principal of the College and he was not offered appointment inter alia on the ground that he was convicted in Sessions Trial against which an appeal is pending adjudication in this Court and as such, the instant application has been preferred by him for suspending the conviction and sentence under Section 389 CrPc.