SUBH RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused -appellant Subh Ram has filed this stay application under Section 389 Cr.P.C. for staying conviction imposed on him by the trial court vide judgment and order dated 18.12.2002.

(2.) THE appellant was tried alongwith sixteen others by the Court of Additional Sessions Judge (Fast Track) Kishangarh Bas, Alwar in Sessions Case No.29/2001 (122/97) for the charges under Section 307, 323/34 IPC. The accused -appellant Subh Ram was convicted under Section 308 IPC and sentenced to 3 years rigorous imprisonment and a fine of Rs.3,000/ -. The appellant was granted bail by this Court on 08.01.2003. Thereafter the appellant has filed an application for staying judgment of conviction dated 18.12.2002 passed by the trial court.

(3.) THE learned counsel for the appellant has contended that the accused -appellant has been falsely implicated in this case. The appellant wants to contest the election of Sarpanch at Gram Panchayat Tattarpur, Police Station Kherthal, District Alwar. It has been further averred if the conviction is not stayed it will deprive him from contesting the election of Sarpanch. In these circumstances, it is in the interest of justice to stay the operation of the impugned judgment of conviction.