IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1270 of 2008 VIJAY CHAURASIYA Versus STATE OF BIHAR ----------- 3 18.12.2008 This revision has been preferred against the judgment and order dated 12.8.2008 passed by the Fast Track Court No. II, Buxar in Criminal Appeal No.34/2007 thereby the judgment of conviction and sentence dated 30.5.2007 passed by Sri Satyendra Singh, Judicial Magistrate, 1st Class, Buxar in G.R.No. 157/04, T.R.No.602/07 has been affirmed. The learned Magistrate vide judgment dated 30.4.2007 has convicted this petitioner under Section 25(1-B) (a) and 26 of Arms Act and has sentenced him to undergo rigorous imprisonment for one year under each Section and fine of Rs.1000/- and in default to further undergo simple imprisonment for one month. Heard learned counsel for the petitioner. The only submission of learned counsel for the petitioner is that the petitioner has already remained in jail custody for more than seven months and, therefore, sentence awarded to him should be modified to that extent. However, on perusal of the judgment of the lower court it appears that this petitioner was found in possession of one country made pistol and eight cartridges. Under Section 25(1-B) (a) /26 of Arms Act the minimum punishments prescribed is one year. Having regard to the facts and circumstances of the case as well as the nature of offence I am not inclined to interfere in the quantum of sentence awarded by the court below which is just and - 2 - proper. I find no merit in this application and the same is hereby rejected. B.Jha (Ghanshyam Prasad)