JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. Heard Mr. Anil Kumar, the learned Senior Advocate appearing on behalf of the petitioner in Cr. Rev. No. 453 of 2014 on I.A. No. 4722 of 2020 as well as on the main criminal revision application.

2. Heard Mr. Yogesh Modi, the learned Amicus Curiae appearing on behalf of the petitioner in Cr. Rev. No. 561 of 2014.

3. Heard Mr. Suraj Verma, the learned A.P.P. appearing on behalf of the Opposite Party-State in the both the cases.

4. From perusal of the impugned Judgments, it appears that these two petitioners, who have filed separate criminal revision applications, had filed separate criminal appeals before the learned appellate court against the Judgment of conviction and the order of sentence passed by the learned trial court. The appeal filed by Smt. Parwati Devi was numbered as Criminal Appeal No. 11 of 2014 and the appeal filed by the other petitioner namely, Gopichand Oraon was numbered as Criminal Appeal No. 29 of 2014. Another appeal was filed by the co-convict namely, Binodanand Mishra which was numbered as Criminal Appeal No. 21 of 2014.

5. All the three separate criminal appeals were disposed of by the court of the learned Additional Judicial Commissioner-X, Ranchi vide a common Judgment dated 19.04.2014 and all the criminal appeals were partly allowed. The learned appellate court upheld the conviction and sentence of the co-convict Binodanand Mishra for the offence under Section 409/120B of the Indian Penal Code and upheld the conviction and sentence of the present petitioners for the offence under Section 406/120B of the Indian Penal Code. However, the learned appellate court has set aside the conviction and sentence of all the convicts for the offence under Section 420 of the Indian Penal Code and acquitted them from the charge thereunder.

6. All the convicts were tried by the court of the learned Judicial Magistrate, 1st Class, Ranchi and vide Judgment of conviction and the order of sentence dated 13.01.2014 passed in G.R. Case No. 3926 of 2010/ Trial No. 79 of 2014. The co-convict Binodanand Mishra was found guilty for the offences under Sections 409/420/120B of the Indian Penal Code (hereinafter referred to as IPC) and the present two petitioners were found guilty for the offences under Sections 406/420/120B of IPC. The present petitioners were sentenced to undergo Rigorous Imprisonment for 03 years and a fine of Rs. 5,000/- each for offence under Section 406 of IPC and were further sentenced to undergo Rigorous Imprisonment for 03 years and a fine of Rs. 5,000/- each for the offence under Section 420 of IPC. The substantive punishments were directed to run consecutively i.e. one after another and in default of payment of fine, each convict was directed to undergo Rigorous Imprisonment for six months.

Arguments on behalf of the Petitioners

7. Learned Senior counsel appearing on behalf of the petitioner in Cr. Rev. No. 453 of 2014 submitted that the petitioner-Smt. Parwati Devi was the President of the Village Education Committee for the part of the period involved in the present case and the main allegation against her was in connection with the amount of Rs. 9,32,609/- which was credited in the bank account on 22.07.2010 and an amount of Rs. 9,30,000/- was debited from that account on 02.08.2010. He submitted that the said amount was wrongly credited in the account and therefore, under the instructions of the higher authorities, the amount was directed to be refunded and accordingly, the amount was debited. He further submitted that the petitioner-Smt. Parwati Devi was co-signatory to the cheque, but the cheque was signed by her for the purposes of return of the money to the authority who had credited the said amount in the bank account, but the same was misused by the co-convict namely, Binodanand Mishra.

8. The learned Senior counsel further submitted that Binodanand Mishra has repaid the entire amount involved in the present case to the Government and in order to bring this aspec