IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.141 of 2011 1. KHEKHU YADAV 2. MANOJ YADAV --- PETITIONERS. Versus THE STATE OF BIHAR --- OPP. PARTY. ----------- 03 11.02.2011 Heard both sides. Petitioners are aggrieved by the appellate order dated 06.08.2010, passed in Cr. Appeal no. 17 of 2005, whereby the conviction and sentence recorded under Section 25(1-B)A and 26(1) of the Arms Act in Tr. No. 588 of 2005, has been affirmed by rejecting the appeal. It appears that learned trial Court appraised the evidence produced by the prosecution and found the same convincing and thereafter convicted the petitioners under those sections and sentenced to undergo R.I. for 01 years under each head besides fine having default clause. It is contended on behalf of the petitioners that they are father and son. There is no material on record indicating that they had any criminal antecedents. Petitioner no.1 was found aged about 72 years whereas petitioner no.2 found aged about 26 years at the time of recording conviction. I have perused the judgments impugned. Learned trial Court has appraised the evidence on record and found them convincing enough to sustain conviction which has/have been reappraised and found sustainable by the lower appellate Court. 2 From the submissions of the petitioners and the materials on record, it appears that the accuseds/petitioners had to undergo the rigours of trial for about 06 years. It further appears that they are first convicts. It also appears from the trial Court’s judgment that petitioner no.1 was aged about 72 years whereas petitioner no.2 was found a young boy. Having regard to all these facts, this Court while upholding the conviction recorded under Section 25(1-B)A and 26(1) of the Arms Act modifies the sentence in the following manner:- Both the petitioners shall undergo R.I. for 01 year under each head. Fine imposed on them under Section 25(1-B) A and 26(1) of the Arms Act is quashed and set aside. Other part(s)/condition(s) of sentence, if any, imposed by appellate Court shall remain intact. With this modification in sentence only, the application is dismissed. Sym/ ( Kishore K. Mandal, J.)