GOVIND SHANKAR OJHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mahesh Tiwari, learned counsel for the petitioner and Mr. Ram Prakash Singh, learned A.P.P. appearing on behalf of the State.

(2.) This application is directed against the judgment dated 30.09.2000 passed by the learned Sessions Judge, Giridih in Criminal Appeal No. 58 of 1993 whereby and where under the judgment and order of conviction passed by the learned Judicial Magistrate, First Class, Giridih in Trial No. 24 of 1993 has been affirmed with the modification in sentence by reducing the same from one year rigorous imprisonment to three months simple imprisonment.

(3.) It has been stated by the learned counsel for the petitioner that the petitioner was merely an employee of Ashok Kumar Jain. Learned counsel further submits that whatever has been committed is at the instance of the Ashok Kumar Jain for which he should not been criminally prosecuted. It has been stated in the alternative that if this court is not inclined to interfere in the judgment and order of conviction, the period of sentence be modified in view of the long pendency of this case and also the fact that the petitioner has undergone some period in custody out of a maximum sentence of three months of simple imprisonment as has been awarded to the petitioner.