OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this application filed under Section 374 readwith Section 389 of Cr.P.C., the accused appellants Om Prakash and Yadram Yadav have implored to stay the finding of conviction awarded to them by the learned trial Court vide impugned judgment dated 28th April, 2009 till the disposal of the appeal.

(2.) Heard learned Counsel for the accused appellants as also the learned PP appearing for the State and carefully perused the impugned judgment and the relevant provisions of law.

(3.) Learned Counsel for the appellants canvassed that both the accused appellants are public servants'. The appellant Om Prakash is an employee of Rajasthan State Road Transport Corporation and the second appellant Yadram Yadav is a school teacher. Appellant Om Prakash, pursuant to conviction vide impugned judgment, has been dismissed from service, whereas the appellant Yadram Yadav has been placed under suspension. The conviction of these appellants in the offence under Section 308 of India Penal Code has become disqualification, hence in the interest of justice, the conviction awarded to the appellants be stayed, so that they may not be put to lose their employment and exposed to untold hardship and starvation. In support of his arguments, the learned Counsel has cited two judgments passed in the case of Navjot Singh Sidhu v. State of Punjab and Anr., 2007 2 SCC 574 and Kanhaiya v. The State of Rajasthan,2001 3 WLC(Raj) 411.