Rongon Mukhopadhyay, J. - (1.) Heard Mr. Navin Kumar, learned counsel appearing on behalf of the petitioners and Mr. S.K. Deo, learned A.P.P. for the State.
(2.) This application is directed against the judgment dated 25.06.2001 passed in Criminal Appeal No. 310 of 1998 passed by the learned Sessions Judge, Hazaribagh whereby and where under the judgment and order of conviction passed by the learned Judicial Magistrate, 2nd Class, Hazaribagh in G. Case No. 458 of 1995 convicting the petitioners for the offence punishable under section 33 of the Indian Forest Act and sentencing them to undergo rigorous imprisonment of eight months has been affirmed.
(3.) It has been stated by the learned counsel for the petitioners that the same was proved by the evidence of P.W-2. There is no eye witness to corroborate the allegation against the petitioners for carrying on cultivation activities in forest land. It has also been stated that no documentary evidence could be produced to show that the same was cultivated by them. Learned counsel has forwarded an argument in the alternative that if this court is not inclined to interfere in the judgment of conviction, the period of sentence awarded to the petitioners be reduced substantially considering the fact that the petitioners are facing rigours of the prosecution case since the year 1995 and have remained in custody for more than a month.;