PATI ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. P. C. Tripathi, learned counsel appearing for the petitioner and Mr. Krishna Shankar, learned A.P.P.

(2.) This application is directed against the judgment dated 25.09.1999 passed in Criminal Appeal no. 104 of 1991-92 by the learned 1st Additional Judicial Commissioner, Ranchi whereby and where under the judgment and order of conviction and sentence passed by the learned Judicial Magistrate, 1st Class, Ranchi in G. R. No. 3063 of 1984 convicting the petitioner for the offence punishable under Section 380 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for six months has been affirmed.

(3.) It has been stated by the learned senior counsel for the petitioner that the witnesses of the prosecution are all interested witnesses, therefore, their testimony cannot be relied upon. Learned senior counsel further submits that the gun which was alleged to have been stolen by the petitioner was never recovered which itself falsified the prosecution case. It has been stated that there has been major contradiction in the evidence of the witnesses of the prosecution and an alternative argument has put forward by the learned senior counsel for the petitioner to the effect that if this Court is not inclined to interfere in the judgment and conviction, the period of sentence imposed upon the petitioner be reduced considering the fact that the petitioner is facing rigors of prosecution case since the year 1984 and had remained for sometime in custody.