IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.228 of 2002 ====================================================== Rajiv Kumar Choudhary @ Rajiv Choudhary, son of Harinandan Choudhary, resident of village-Godhna, P.S.-Bhagwanpur, District- Begusarai. …..Petitioner Versus State Of Bihar ……….Opp. Party ====================================================== Appearance: For the Petitioner : Mr. Ajay Kumar Thakur, Advocate For the Opposite party: Dr. Ravindra Kumar, A.P.P. ====================================================== ===== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Amaresh Kumar Lal,J. The accused appellant-petitioner has preferred this revision application against the judgment and order dated 27.02.2002 passed by the learned Additional District and Sessions Judge, VI, Begusarai in Criminal Appeal No.5/02 by which the judgment of conviction and sentence dated 21.01.2002 passed by the learned trial court in G.R.No.283/93, Trial No.62/02 has been confirmed and the appeal has been dismissed. The prosecution case, in brief, is that during the raid of the house of the suspected accused Rajeev Kumar Choudhary (petitioner) of Bhagwanpur P.S. Case No.13 of 2 1993 registered under Section 392 of the I.P.C, the accused came out from his house and attempted to escape, but he was apprehended by the police party and thereafter he disclosed his identity as Rajeev Kumar Choudhary (petitioner). On search of his person, a country made pistol was recovered. From his house also one double barrel country made pistol was recovered. Five live cartridges were also seized. On the basis of the Fardbeyan of Ram Sobhit Mochi, P.W.2, Bhagwanpur P.S. Case No.14/93 was registered under Sections 25 (1 B) (a) and 26 of the Arms Act. After investigation, charge-sheet was submitted. Cognizance was taken. After the trial, the learned Magistrate found the accused petitioner guilty for the offence punishable under Sections 25 ((1 B) (a) and 26 of the Arms Act and he has been sentenced to rigorous imprisonment for two years and a fine of Rs.1000/- and in case of non-payment of the fine, six months simple imprisonment under Section 25 ((1 B) (a) and he has been further sentenced to rigorous imprisonment for three years and a find of Rs.1000/- under Section 26 (1) of the Arms Act and in case of non-payment of fine, six months simple imprisonment and both the sentences to run concurrently 3 vide order dated 21.01.2002. Thereafter the petitioner filed Criminal Appeal No.5/02 against the aforesaid judgment of conviction and sentence passed by the learned Judicial Magistrate. After hearing the learned counsel for both the parties, the appeal has been dismissed affirming the conviction and sentence passed by the learned Judicial Magistrate vide the impugned order. The learned counsel for the petitioner has submitted that there is no material on the record to show that the petitioner has any criminal antecedent. The petitioner should have been granted the benefit under the Probation of Offenders Act, which has been denied by the learned Magistrate as well as learned appellate court. The occurrence has taken place on 14.02.1993 and almost 18 years have passed. The accused petitioner has already suffered from mental agony and the sentence of the petitioner deserves to be modified. Learned counsel for the State could not controvert the contention of the petitioner. After hearing the learned counsels for both the parties and on perusal of the materials on record, it appears that the contention of the learned counsel for the petitioner 4 is correct. The case is of the year 1993 and almost 18 years have passed. The accused petitioner has been suffering from mental agony and has also served the sentence for one year eleven and half months i.e. almost two years. The sentence requires to be modified. The sentence of the petitioner is modified to the extent period already undergone in custody. With this modification in the sentence, this petition stands disposed of. Patna High Court, Patna Dated, the 4th August, 2011 N.A.F.R./V.K. Pandey ( Amaresh Kumar Lal, J.)