SAVITRI DEVI AND ANOTHER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Binod Kumar, learned counsel appearing for the petitioners and Mr. Nagmani Tiwari, learned A.P.P.

(2.) This application is directed against the judgment dated 17.08.2002 passed in Criminal Appeal Nos. 68 of 2001 and 72 of 2001 by the learned Sessions Judge, Deoghar whereby and whereunder the judgment and order of conviction and sentence passed by the learned Sub-Divisional Judicial Magistrate, Deoghar in G. R. Case No. 582 of 1997 convicting the petitioners for the offences punishable under Sections 225-A, 225-B and 120-B of the Indian Penal Code and sentencing them to undergo simple imprisonment for six months has been affirmed.

(3.) It has been stated by the learned counsel for the petitioners that the petitioners were never on duty in the remand home. Learned counsel further submits that at best the petitioners could have been proceeded against departmentally for dereliction of duty as no criminal case is made out against the petitioners. An alternative argument has been put forward by the learned counsel of the petitioners that since the petitioners are facing the rigors of the prosecution case since the year 1997 and have already remained in custody for about a month, some leniency may be shown with respect to the sentence imposed upon the petitioners.