CHANDRA PRAKASH SHAW, S/O LATE GANGA PRASAD SAO, R/O 446, G.T. ROAD, P.S. Vs. THE STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) Heard Mr. R.P. Gupta, learned counsel for the petitioner and Mr. Nagmani Tiwari, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 03.04.2000 passed by the learned 1st Additional Sessions Judge, Chaibasa in Cr. Appeal No. 9 of 1995 whereby and where under the appeal preferred by the petitioner against the judgment and order of conviction dated 14.01995 passed by the learned Judicial Magistrate 1st Class, Porahat at Chaibasa in C/1 Case No. 8/1984 (T.R. No. 1/1995) has been dismissed by modifying the sentence by reducing it from three years R.I. to 2 years R.I.

(3.) It has been submitted by the learned counsel for the petitioner that the dispute was only with respect to the partnership business of the petitioner and the informant. It has been submitted that none of the witnesses have alleged any criminal act on the part of the petitioner. Learned counsel for the petitioner further submits that the partnership agreement was also duly executed between the parties. In the alternative an argument has been advanced by the learned counsel for the petitioner that if this Court is not inclined to interfere in the judgment and order of conviction the period of sentence imposed upon the petitioner be modified in view of the fact that the petitioner is facing the rigors of the prosecution case for the last more than three decades and he has also remained for some time in custody.