Rongon Mukhopadhyay, J. - (1.) Heard Mr. Rajesh Kumar Singh, learned counsel appearing for the petitioners and Mr. Ravi Kumar Singh, learned A.P.P.
(2.) This application is directed against the judgment dated 22-6-2005 passed by the learned Additional Judicial Commissioner-III, Khunti in Criminal Appeal No. 71 of 2002 whereby and whereunder the judgment and order of conviction and sentence passed by the learned Judicial Magistrate, Ist Class, Khunti in Complaint Case No. 1 of 1999 convicting the petitioners for the offence punishable under Section 379 of the Indian Penal Code has been affirmed albeit modification in the sentence awarded to the petitioners.
(3.) It has been stated by the learned counsel for the petitioners that the witnesses examined on behalf of the complainant are related and interest witnesses. Learned counsel submits that there are also contradictions in the evidence of the witnesses. It has also been stated that the complainant had failed to prove that the plot of land in which the dispute is alleged to have taken place belongs to him. An alternative argument has been put forward by the learned counsel for the petitioners that if this Court is not inclined to interfere in the judgment and order of conviction the period of sentence be suitably modified considering the fact that the petitioners are facing the rigours of the prosecution case since the year 1998.;