IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1792 of 2009 1. DILIP KUMAR 2. PRADYUT KUMAR SINGH ----------------------- PETITIONERS Versus STATE OF BIHAR ----------- 5 25.1.2010 Heard learned counsel for the parties. This revision application is directed against the judgment and order dated 26.10.2009 passed in Cr.Appeal No. 103/87/80/2006 passed by Sri Narsingh Prasad, Additional Sessions Judge, F.T.C.III, Patna by which he upheld the judgment and order dated 6.4.1987 passed by Sri A.K.Thakur, Judicial Magistrate, 1st Class, Patna in G.R.Case No. 1292/82, Trial No. 163/87 arising out of Pirbahore P. S. Case No. 87/82 whereby he convicted the petitioner for offence under section 25(a) of the Arms Act, sentenced them to undergo rigorous imprisonment for one year. Though merit of the conviction is argued but sentence is pressed at last only. On the point of sentence, submission of learned counsel for the petitioners is that though there is allegation of recovery of cartridge from the possession of petitioners but the said recovery was from the room of the joint family’s house and petitioners were junior members of the family. According to learned counsel, sympathetic view was even taken by the learned Magistrate considering the above submitted circumstance but some mistake committed even while confirming the sentence by the Additional Sessions Judge, F.T.C., Patna about the 2 period of sentence that is awarded one year while the minimum sentence which could be awarded for the offence but committed in the year 1982 is six months and petitioners are entitled for the same that is further strengthened that two of accused persons namely Rabindra Prasad Singh and Prabhat Kumar Singh are dead now during the pendency of appeal. I agree with the submissions advanced on behalf of the petitioners. This revision application is partly allowed on the point of sentence which is modified to the period of six months while the conviction of the petitioners passed by the courts below is affirmed. Let the lower court record be also sent down to the court below forthwith. AI ( Mandhata Singh, J.)