OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel Public Prosecutor.

(2.) THE petitioner Om Prakash was working as Dy. Superintendent of Jail, Bikaner at the relevant time and was accused in the Sessions Case No. 12/2007 and faced the trial for committing offences under sections 120b, 148, 323 302/149 IPC. After trial, the petitioner was convicted under Sections 302, 147 and 323 IPC and sentenced to undergo life imprisonment under Section 302 IPC with fine of Rs. 2,50,000/- and in default thereof to further undergo six months imprisonment, under Section 147 IPC sentenced to two years imprisonment and fine of Rs. 5,000/- and in default thereof to further undergo one month's imprison and under Section 323 IPC sentenced to one year's imprisonment and fine of Rs. 1,000/- and in default thereof to further undergo one month's imprisonment. THE conviction and sentence were challenged by the petitioner-appellant by preferring D. B. Cr. Appeal No. 548/2007, which has already been admitted and the petitioner's sentence has been suspended on petitioner's bail application No. 1042/2007 by order dated 26th Oct. , 2007. THE petitioner has submitted this petition under Section 482 Cr. P. C. for suspension of conviction order passed against the petitioner by the trial court dated 23rd June, 2007.

(3.) LEARNED counsel for the petitioner submitted that in view of the judgment of the Hon'ble Apex Court delivered in the case of P. S. Razia Vs. Sate of Bihar reported in 1996 Crl. L. R. (SC) 497 when Government servant is exonerated in departmental inquiry then criminal case is liable to be quashed. The petitioner in his petition also tried to submit that the order Annex. 4 is illegal and not sustainable in view of the various decisions of the Hon'ble Apex Court referred in the petitioner's petition.