RONGON MUKHOPADHYAY,J. - (1.) Since both these applications arise out of judgment dated 22.5.2006, same are being disposed of by their common order.
(2.) The petitioners are aggrieved by the judgment dated 22.5.2006, passed by the learned Additional Sessions Judge, Fast Track Court No. 2, Dhanbad in Cr. Appeal No. 42 of 1998, by which the judgment of conviction and order of sentence dated 23.4.1998, passed by the learned Special Magistrate/S.D.M, Dhanbad in Dhanbad Sadar P.S. Case No. 343 of 1998, by which the petitioners were convicted for the offence under section 3/10 of Bihar Conduct of Examination Act, 1981 and sentenced to undergo simple imprisonment for two months along with a fine of Rs. 2000/- each has been affirmed.
(3.) The allegation made in the FIR is that petitioners were found in possession of chits containing code number and roll numbers and making attempts for enhancing the marks of the students taking such code and roll numbers. Based on the aforesaid allegations, for the offence, which had occurred on 23.4.1998, Dhanbad P.S. Case No. 343 of 1998 had been instituted under section 3/10 of Bihar Conduct of Examination Act, 1981. Charge-sheet was submitted and pursuant to which cognizance was taken and thereafter on the same day itself learned trial court had convicted the petitioners and passed an order of sentence, which was affirmed by the learned appellate court in Cr. Appeal No. 42 of 1998.;