MUNNI KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) I.A. No.577 of 2012 has been filed on behalf of the sole-appellant for stay of conviction. The appellant has been convicted under Sections-302/34/149 and 120B of the Indian Penal Code. The Trial Court has found that the deceased was allegedly having affair with the married daughter of the appellant. The deceased was invited to the house of the appellant, other relations of the deceased were locked outside the house and inside the house deceased was mercilessly beaten till he died. Upon these findings being established, the Trial Court convicted the appellant, her husband and other members of the family. Upon this appeal being filed against the said conviction and sentence by order dated 27.02.2012, we admitted the appeal and granted bail to the appellant thereby suspending the sentence only.

(2.) By this interlocutory application, the stay of conviction has been sought on the ground that the appellant is a Mukhiya, duly elected under the Bihar Panchayat Raj Act, 2006, and the conviction would disqualify her from continuing as such and for further election.

(3.) Mr. Jitendra Singh, learned Senior Counsel has vehemently argued that if the conviction is not stayed the appellant would suffer irreversible consequences. Learned Senior Counsel refers to a Division Bench judgment of this Court in the case of Sheo Parsan Dubey Vs. State of Bihar since, 2010 4 PLJR 352, wherein a person who had been convicted and sentenced under Section-302 of the Indian Penal Code, as a consequence whereof he was dismissed for service, this Court considered that there was no direct involvement of the appellant and noticing the case of the Apex Court in the case of Union of India Vs. B. Rama Murthy since, 1995 2 SCC 530stayed the conviction so that his services were restored.