IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1830 of 2009 NATHUN SINGH @ NATHUNI SINGH, WIFE OF SITA RAM SINGH, RESIDENT OF VILLAGE- NAWADIH, POLICE STATION- KARAKAT, DISTRICT- ROHTAS AT SASARAM. Versus THE STATE OF BIHAR ----------- 14 21.06.2010 Rule confined to question of sentence only. Learned A.P.P. waives notice. Lower Court records have already been called for and received. Present revision application is directed against the judgment and order dated 29.1.2009 passed by learned Assistant Sessions Judge –II Rohtas at Sasaram in Sessions Trial No. 326 of 1995 whereby the petitioner herein was found and held guilty under Section 324 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for three (03) years. He was further found guilty under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years besides imposition of fine with default clause. The petitioner preferred appeal against the said order which was rejected by order dated 19.8.2009 passed by learned Sessions Judge, Rohtas at Sasaram in Cr. Appeal no. 15 of 2009. Learned counsel for the petitioner submits that both the parties are related to each other. Referring to the order of the learned Trial Court, it is contended that the petitioner does not carry any criminal antecedent. It is next contended that the 2 prosecution case itself is that owing to dispute relating to cutting away of crops the incident had taken place. It is next contended that the petitioner has remained in custody for nearly one year. It is also contended that the occurrence had taken place in the year 1994. Learned counsel for the State, however, supported the impugned judgment(s). Having heard both sides and after going through the judgment rendered by the two learned courts below, this Court is satisfied that the cause of justice shall be sub-served if the conviction is reduced by one year. Accordingly, the conviction recorded under Section 324 IPC and Section 27 of the Arms Act are maintained. The petitioner shall under rigorous imprisonment for two years under both counts. He shall be also liable to a fine of Rs. 2,000/- In case of non payment of fine, the petitioner shall further undergo rigorous imprisonment for six (06) months. In case the fine is paid, the same shall be paid to the informant (P.W. 3) who is said to have received injury at the hands of the petitioner. With the aforesaid modification in sentence(s), this revision application is dismissed. pkj ( Kishore K. Mandal, J. )