IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.861 of 2009 BHOTU @ BHAUTHU DOM Versus STATE OF BIHAR ----------- For the Petitioner :Mr. Ashok Kumar Jha & Mr.Ajay Kumar Jha & For the State :Mr. A.M.P.Mehta, APP. ---- 4. 09.07.2009 Heard. Admit. Rule confined to the question of sentence. Learned APP appearing on behalf of the State, waives notice. With the consent of the parties, the application is being disposed of at this stage itself. Learned counsel appearing on behalf of the petitioner fairly states before this Court that there is concurrent finding of guilt recorded by both the courts below. He further submits that the learned trial court having found that this is the first offence committed by the petitioner and that he was 30 years of age at the time of recording sentence, ought to have taken a lenient view of the matter. He draws attention of the Court to the portion of the judgment where sentence(s) have been recorded. The petitioner has been sentenced to undergo R.I. for one year under section 25(1) (b) and R.I. for six months under section 26(1) of the Arms Act. The sentences have, however, been directed to run consecutively. - 2 - Learned counsel for the petitioner submits that looking to the facts of the case, particularly the date of occurrence, the term of sentences should be adequately modified to the extent that they should run concurrently instead of consecutively. Having regard to fact that admittedly the petitioner is the first offender and that the occurrence had taken place way back on 22.06.1991, and since then he remained locked in fighting the litigation, this Court is inclined to accept the said submission of the petitioner. In the facts and circumstances of the case, this Court is of the view that the following modification in sentence(s) shall serve the ends of justice: “The conviction and order of sentence recorded by the learned trial court and affirmed by the learned lower appellate court is modified only to the extent that they shall run concurrently instead of consecutively.” It is made clear that other parts/conditions of sentence(s) shall remain untouched/intact With the aforesaid modification in sentence, the application is dismissed. hr ( Kishore K. Mandal )