IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REVISION No.637 of 2008 BHUTAN MANDAL Versus THE STATE OF BIHAR ----------- 2. 08.07.2008. Heard learned counsel for the petitioner and the State. 2. Petitioner has been convicted for the offence under Sections 25 (1-B) A and 26 of the Arms Act and has been sentenced to undergo rigorous imprisonment for three years under the two counts with further direction to pay a fine of Rs. 2,000/- under the two counts. The sentences, however, have been directed to run concurrently. The aforesaid conviction and sentence has been awarded under judgment dated 18/22.05.2007 passed by Sri Vidya Sagar Pandey, Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani in G.R.No. 214 of 2005/ Tr. No. 2002 of 2007, arising out of Phulparas P.S.Case No. 61 of 2005 and have also been confirmed in appeal under judgment dated 30th April, 2008 passed by the Additional Sessions Judge, F.T.C.-III, Madhubani in Cr. Appeal No. 47 of 2007/01 of 2007. 3. Counsel for the petitioner assails the conviction and sentence on the ground that the seizure-list witnesses although supported the case of seizure of the illegal arms from the house of the petitioner in their examination in-chief but in course of their cross- examination appears to have given a go-bye to the prosecution case and in the circumstances the petitioner be acquitted. 4. I regret to accept the aforesaid submission as from perusal of the judgment of the trial court as also the appellate court it - 2 - is evident that prosecution has been able to prove the charge of recovery of the two rifles with seven numbers of cartridges from the house of the petitioner. In the circumstances, I am not inclined to acquit the petitioner of the charges levelled against him, however, considering the submission referred to above as also the fact that it is the first conviction of the petitioner, I direct that the sentence imposed on him be reduced to two years under the two counts but he must pay the fine of Rs. 2,000/- for each of the two convictions. 5. With the aforesaid modification in the sentence awarded to the petitioner this Cr. Revision application is dismissed. P.K.P. (V.N.Sinha,J.)