S. B. Sinha, J.

Both these Criminal Revision applications having arisen from a common judgment arising of same incident, were heard together and are being disposed of by this common judgment.

2. Both these Criminal Revision applications arise out of the judgment dated 14th July, 1988 passed by Shri Pradhan Uma Kant, Sessions Judge of Singhbhum, Chaibasa, in Cr. Appeal No. 117-C/141 of 1988 (Shambhu Prasad Sah Vs. The State of Bihar) and Cr. Appeal No. 119-C/143 of J988 (Sudhist Paswan & anr. Vs. The State of Bihar) preferred against the judgment dated 13-5-88 passed by Shri B. K. Prasad, Judicial Magistrate, Ist Class, Jamshedpur, in G. R. Case No. 1662A/1987 (T. R. No. 864/88) convicting the petitioners along with one Ram Eqbal Paswan @ Pahalwan and one Krishna Gope to undergo three years rigorous imprisonment each separately for offences under sections 363 and 387 of the Indian Penal Code.

3. The cases have been heard by a Division Bench under the following circumstances.

4. Shambhu Prasad Sah, the petitioner in Cr. Revision No. 255 of 1988, filed the said application being aggrieved by and dissatisfied with the aforementioned judgment of the appellate Court.

5. By an order d