THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.595 OF 2011 ORDER: 1 The petitioners herein were tried as accused in C.C.No.114 of 2005 for the offence punishable under sections 25(1) (a) and 25 (1b)(a) of the Indian Arms Act (for short ‘the Act’) by the learned Judicial Magistrate of I Class, Kuppam, Chittor District. The learned Magistrate having assessed the entire evidence both oral and documentary came to the conclusion that the prosecution has established the guilt of the petitioners for the said offences and accordingly sentenced the first petitioner to undergo simple imprisonment for a period of four months and also to pay a fine of Rs.500/-, in default, to suffer simple imprisonment for a period of one month for the offence punishable under section 25(1)(a) of the Act, and further sentenced him to suffer simple imprisonment for a period of four months and also to pay a fine of Rs.500/-, in default, to suffer simple imprisonment for a period of on month for the offence punishable under section 25 (1b) (a) of the Act. The trial court sentenced the petitioners 2 to 6 to suffer simple imprisonment for a period of four months each and also to pay a fine of Rs.500/- each in default, to suffer simple imprisonment for a period of one month each for the offence punishable under section 25 (1b) (a) of the Act. As against the said judgment dated 15.05.2009, the petitioners preferred Criminal Appeal No.56 of 2009 and the learned District & Sessions Judge, Chittor by his judgment dated 28.02.2011 while allowing the said appeal partly and setting aside the conviction and sentence imposed on the first petitioner for the offence punishable under section 25 (1b) (a) of the Act, confirmed the rest of the findings given by the trial court. Questioning the same this revision is preferred. 2 Brief facts that led to the filing of the present revision are that on 10.10.2004 at about 9.00 AM near the house of Narayanappa situated at a distance of 1 KM North – East to Kenchanaballa village, the first petitioner is manufacturing country made SMBL guns and that the petitioners 2 to 6 purchased the same from the first petitioner and are in possession of the same and thereby the petitioners committed an offence punishable under sections 25(1) (a) and 25 (1b)(a) of the Indian Arms Act. 3 Heard both sides. 4 When the matter is taken up for hearing, the learned counsel for the petitioners submitted that this is not a fit case for interference, but, however, he requested the court to take a lenient view in so far as the sentence of imprisonment is concerned. 5 Having regard to the submissions made by the learned counsel for the petitioners this court looked into the record. The appellate court dismissed the appeal on 28.02.2011 and the petitioners were taken into custody immediately. In that view of the matter, though the petitioners were committed to jail only yesterday this court is of the view that a lenient view can be taken in so far as the said sentence imposed on the petitioners is concerned having regard to the fact that the sentence of imprisonment imposed on them is only simple imprisonment for a period of four months and also having regard to the fact that they were made roaming from one court to another for the said offence. However, the said lenience is subject to enhancing the amount of fine imposed on them. 6 In the result, the sentence of imprisonment imposed on the petitioners by the learned Sessions Judge Chittoor in Criminal Appeal No.56 of 2009 by judgment dated 28.02.2011 is modified and the said sentence is reduced to that of the period, which the petitioners had already undergone. However, the fine amount of Rs.500/- each imposed on the petitioners is enhanced to Rs.2,000/- each to be paid by the petitioners within a period of four weeks from today. In the event of failure in paying the said fine amount, it is made clear that the petitioners shall suffer the sentence imposed on them by the court below. Excepting the said modification in all other aspects this revision is dismissed. _____________ SRI T.G.K, J 1st March 2011 Kvsn