RONGON MUKHOPADHYAY,J. - (1.) Heard Miss Madhulika Dasgupta, learned counsel, appearing for the petitioners and learned A.P.P. for the State.
(2.) This application is directed against the judgment dated 29.03.2005 passed in Criminal Appeal No. 78 of 2004 by learned 1st Additional Sessions Judge, Gumla, whereby and where-under, the judgment of conviction and the order of sentence dated 18.10.2004 passed by learned Judicial Magistrate, 1st Class, Gumla, in G.R. No. 765 of 2001 (T.R. No. 488 of 2004), convicting the petitioners for the offence punishable under section 147, 353, 431 and 504 I.P.C. and sentencing them to various terms under the said sections, has been affirmed.
(3.) It has been stated by learned counsel for the petitioner that the prosecution has miserably failed to prove its case. It has also been submitted that there was a case and counter case against both the sides. Learned counsel further submits that the petitioners were falsely implicated in this case and no offence under section 147, 353, 431 and 504 I.P.C. is made out against the petitioners. An alternative argument has been made that if this Court is not inclined to interfere with the impugned judgment of conviction, the period of sentence be modified, considering the fact that the petitioners are facing rigours of prosecution case since 2001 and had remained in custody for some time.;