Criminal Appeal (SJ) No.313 OF 1994 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ********** Manoj Kumar Tiwari son of Sri Madhu Sudan Tiwary resident of villate-P.S. Wazirganj, Dist-Gaya.----------------------- Appellant Versus STATE OF BIHAR ----------------------- Respondents For the Appellant :- Mr. Ramashish, Adv. For the State :- Mr. A.M. Prasad Mahta, Adv. A.P.P *********** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH *********** Anjana Prakash, J. Appellant has been convicted under Section 25(1)(a) and 26 of the Arms Act and sentenced to R.I for two years and 3 and 1/2 years respectively by the Xth Additional Sessions Judge, Gaya in Session Trial No. 8 of 1991/222 of 1991 by judgment dated 13.9.1994. The prosecution is that dated 6.12.1988 when an inspection was going on the appellant was arrested with the country made pistol and six cartridges. The prosecution has examined altogether 11 witnesses in support of his case out of whom P.W 10 is formal, whereas P.Ws. 1 and 4 who are on the point of seizure, P.W. 6 is being informant, P.Ws. 7 and 8 are the members of the patrolling party and P.W. 5 is the person who proved that the arms examined by him but has not been produced there in Court. On going through the evidence on record I find that there is no iota of doubt that on the date of occurrence the arms 2 were recovered from the possession of the appellant, hence I am not inclined to interfere with judgment of the conviction. However since the appellant has already remained in custody for about two years, in my view it would be in the interest of justice if the sentence is modified to that which has already been undergone by during trial. In the result the appeal is dismissed but with the aforesaid modification. Patna High Court Patna/ Dated, the 4th April, 2011/ NAFR/Prakash/- ( Anjana Prakah , J.)