Rongon Mukhopadhyay, J. - (1.) Heard Mr. B.K. Dubey, learned counsel for the petitioners and Ms. Vandana Bharti, learned A.P.P appearing on behalf of the State.
(2.) This application is directed against the judgment dated 26.09.2000 passed in Criminal Appeal No.146 of 1990 by the learned 3rd Additional Sessions Judge, Chatra whereby and whereunder the judgment of conviction and order of sentence passed by the learned Judicial Magistrate, Chatra on 20.07.1990 in connection with Itkhori P.S. Case No.29 of 1984 for the offences punishable under section 39/44 of the Indian Electricity Act read with section 379 of the IPC by which the petitioners have been convicted and sentenced to undergo rigorous imprisonment of three months has been affirmed.
(3.) It has been stated by the learned counsel for the petitioners that the prosecution has not been able to prove its case with respect to the theft of electricity having been committed by the petitioners inasmuch as the head linemen of the Electricity Department who were examined as P.W-3 and P.W.-4 have been declared hostile by the prosecution. In the alternative, an 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 sentenced be modified suitably in view of the fact that the petitioners are facing rigours of the prosecution case since the year 1984 and out of maximum period of three months they have remained in custody for sometime.;