IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1719 of 2009 UMESH PASWAN @ SUNIL PASWAN SON OF RAGHUBAR PASWAN @ GIRDHARI PASWAN, RESIDENT OF VILLAGE SHYAMPUR BAITHANIA, P.S. MAJHAULI, DISTRICT WEST CHAMPARAN. Versus STATE OF BIHAR ----------- 2/ 09-11-2009 Heard. This revision petition has been filed against the judgment dated 9th September, 2009 passed by the learned 3rd Additional Sessions Judge, Bettiah, West Champaran in Cr. Appeal No. 69 of 2006, affirming the judgment of conviction and order of sentence dated 29.04.2006 passed by the learned Judicial Magistrate, Ist Class, Bettiah in Trial No. 737 of 2006 arising out of Mainatand P.S. Case No. 83 of 2003, corresponding to G.R. Case No. 3146 of 2003, whereby and whereunder the petitioner was convicted for the offence punishable under sections 25(1- B)(a) and 26 of the Arms Act and was sentenced to undergo three years rigorous imprisonment under each of the sections and to deposit a fine of Rs. 5000/- each, and in default of payment of fine, he was further sentenced to undergo simple imprisonment of three months. Sentence is pressed only and on that point it is said that it is a simple case of recovery of a loaded country made pistol and two cartridges from others without any other overt act that also in the year 2003. Thereafter the - 2 - petitioner faced trial, came in appeal but maximum punishment has been awarded i.e., three years as it is petitioner’s first accusation for the offence and still is in custody. Keeping in view the nature of the weapon I am also of the view that the sentence awarded should be minimized to the minimum punishment extent. So that is ordered to be reduced for one year. A single offence is their either under section 25(1-B) or 26 Arms Act so a single sentence would be there as the petitioner is entitled for the same. There is no need of passing any order for set off the period already undergone that is understood. This application is partly allowed on the point of sentence affirming rest. ( Mandhata Singh, J ) BTiwary/