BEDADYUTI SAMANTARAY Vs. STATE

JUDGEMENT

(1.) Heard Mr. S.P. Mishra, Learned Senior Advocate for the Appellant-Petitioner & Mr. Kanungo, Learned Additional Standing Counsel. This is an application under Section 389(1) of the Cr.P.C. filed by the Appellant-Petitioner for suspension of the conviction & sentence of the Petitioner as recorded by the Learned Additional Sessions Judge-cum-Special Judge, Jeypore in Criminal Trial No. 10/62 of 2010.

(2.) The Petitioner was tried in the aforesaid case for charges under Sections 498A/304B/306 of the I.P.C. & Section 4 of the D.P. Act for causing dowry death of his wife. By the impugned Judgment dated 26.02.2013, the Court below has convicted the Appellant-Petitioner for the said charges & sentenced him to undergo R.I. for eight years & to pay a fine of Rs. 10,000/-, in default to undergo R.I. for six months under Section 304B of the I.P.C., R.I. for five years & to pay a fine of Rs. 10,000, in default to undergo R.I. for six months under Section 306 of the I.P.C., R1. for one year & to pay a fine of Rs. 5,000, in default to undergo R.I. for three months under Section. 498A of the I.P.C. & R.I. for two months under Section 4 of the D.P. Act. All the substantive sentences have been directed to run concurrently.

(3.) It is stated by the Learned Counsel for the Petitioner that there is no acceptable evidence on record for convicting the Appellant for the offences as aforesaid & that the Appellant-Petitioner has fair chance of success in the criminal appeal. It is also stated that the Petitioner, who is a Government Servant & is working as a Clerk in Geological Survey Department at Koraput was on bail during trial & since the date of pronouncement of the Judgment by the Trial Court, he has been taken to jail custody. It is also stated that in view of the conviction of the Petitioner for the offences as aforesaid, the authorities of the Geological Survey Department are taking steps to terminate him from service.