IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.609 of 2009 DEVA @ DEVANAND VISHWAKARMA Vs State. ----------- 4 15.04.2009. Heard learned counsel for the parties. The instant revision application is directed against order dated 1.12.2008, passed by the Addl Sessions judge, Jehanabad in Cr appeal no. 13 of 2002/19 of 2002, whereby he has upheld the conviction and sentence by order dated 3.8.2002, passed by the JM Ist Class, Jehanabad in GR Case no. 728 of 2000, tr no. 721 of 2002 for offences under section 25 (1-A) and 25(1- B) (a) (c) read with section 35 of the Arms Act. Prosecution case in short is that acting on a tip off, informant along with police personnel on 3.5.2000 raided the house of the petitioner and on search recovered huge cache of arms and ammunitions along with parts of arms, apparatus for manufacturing arms etc from wooden box kept in gunny bags. Prosecution examined 7 witnesses in support of it case. It is submitted on behalf of the petitioner that he is in fact a blacksmith by profession and it is his first offence for which he has been sentenced to undergo three years RI along with fine of Rs 5000/-. Having head the parties and taking into consideration the materials on record, this court does not find any illegality in judgment of conviction by the courts below. However, in view of the fact that it is his first offence, the sentence is reduced to two and a half year. It goes without saying that the petitioner is entitled for permissible set off under section 428 Cr.P.C. The revision application is dismissed. Shashi. (S.P.Singh,J).