KHEMRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present misc. application under Section 389 read with section 482 Cr. P. C. has been moved on behalf of accused applicant Khemraj for staying the conviction order dated 30-4-2008 passed by the Additional District and sessions Judge (Fast Track) No. 2, Bharatpur in Sessions Case No. 19/2005, whereby accused applicant Khemraj has been convicted and sentenced as under : -u/s. 147 IPC Rigorous imprisonment for three months with a fine of rs. 500/-, in default of payment of fine to further undergo one month's rigorous imprisonment. u/s. 148 IPC Rigorous imprisonment for one year with a fine of Rs. 1,000/-, in default of payment of fine to further undergo two months rigorous imprisonment. u/s. 323/149 IPC Rigorous imprisonment for three months with a fine of Rs. 500/-, in default of payment of fine to further undergo one month's rigorous imprisonment. u/s. 324/149 IPC Rigorous imprisonment for one year with a fine of Rs. 1,000/-, in default of payment of fine to further undergo two months rigorous imprisonment. u/s. 326/149 IPC Rigorous imprisonment for three years with a fine of Rs. 2,000/-, in default of payment of fine to further undergo four months rigorous imprisonment. u/s. 307/149 IPC Rigorous imprisonment for seven years with a fine of Rs. 3,000/-, in default of payment of fine to further undergo six months rigorous imprisonment. u/s. 302/149 IPC Life imprisonment with a fine of Rs. 5,000/-, in default of payment of fine to further undergo one year's rigorous imprisonment. u/s. 452/ipc Rigorous imprisonment for three years with a fine of Rs. 1,000/-, in default of payment of fine to further undergo two months rigorous imprisonment. All the sentences were ordered to run concurrently.

(2.) THE accused applicant was serving as constable, RAC, 5th Batalion, Jaipur since 9-1-1997 and till the date of his suspension, the service record of the accused-applicant was excellent and throughout his service tenure he was never charge-sheeted at any point of time.

(3.) THE accused applicant has also preferred a writ petition before this Court which was registered as S. B. Civil Writ Petition no. 4973/2002 challenging the departmental enquiry, but during pendency of the writ petition, the Commandant of 5th Battalion, rac, Jaipur has issued an office order dated 21-6-2008 suspending the accused applicant from service w. e. f. 30-4-2008. Later on the aforesaid writ petition was dismissed as withdrawn by this Court vide order dated 12-8-2008 after passing of the judgment dated 30-4-2008 by the Court below.