JUDGMENT

G.P. Mathur, J.—The appellant Navjot Singh Sidhu along with co-accused Rupinder Singh Sandhu was tried for charges under Section 302 IPC and Section 323 read with Section 34 IPC, but was acquitted by the learned Sessions Judge, Patiala, by the judgment and order dated 22.9.1999 which order was challenged by the State of Punjab by filing an appeal in the High Court which has been allowed and the appellant has been convicted under Section 304 Part II IPC and has been sentenced to 3 years R.I. and a fine of rupees one lakh. The co-accused Rupinder Singh Sandhu has also been convicted under Section 304 Part II read with Section 34 IPC and has been sentenced to 3 years R.I. and a fine of rupees one lakh. He has further been convicted under Section 323 IPC and has been sentenced to 3 months R.I. The appellant filed special leave petition in this Court in which leave has been granted on 12.1.2007 and he has been released on bail and thus the execution of the sentence imposed upon him has been suspended. The appellant also moved an application for suspending the order of conviction passed against him by the High Court on which notice was issued to the State of Punjab and the sa